SOREN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been preferred against the order dated 23.2.2005 passed by the J.M.F.C, Barbil in C.M.C. No. 25 of 2005 arising out of G.R.Case No. 32 of 2005, wherein he rejected the petition filed under Section 457, Cr.P.C. by the petitioner holding that he lacked jurisdiction to release the Tipper bearing Registration No. OR -09 -D5764 in his interim custody and that he (petitioner) is not the owner of it.

(2.) A nub of the facts leading to filing of this revision is that as per the case of prosecution on 22.1.2005 during night hours while the aforesaid vehicle was being used in transportation of iron ores from a reserve forest, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the iron ores, the S.I. seized the same alongwith the Tipper and registered P.S.Case No. 12 dated 22.1.2005 for the offence under Sections 379/411/34 I.P.C. read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act (hereinafter referred to as 'the Act') and Section 56 of the Orissa Forest Act giving rise to the aforesaid G.R.Case.

(3.) BEING aggrieved with the said order, the petitioner has preferred this Criminal revision.