SATPAL SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 2.3.2005 passed by the learned J.M.F.C., Barbil in C.M.C. No. 33 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 -09C -9111 in his interim custody.

(2.) A nub of the facts leading to filing of this revision are that on 22.1.2005 during night hours while the aforesaid vehicle was being used in transportation of 15 metric tons of iron ores from Karakhandra Jungle, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the said 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, IPC read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act (hereinafter referred to as 'the Act'), giving rise to the aforesaid G.R. Case.

(3.) LEARNED counsel appearing for the petitioner submitted that the application under Section 457, Cr.P.C. was filed before the learned J.M.F.C, Barbil on 2.2.2005 when the vehicle was very much lying at Barbil P.S. premises. Instead of releasing it in interim custody of the petitioner the Magistrate directed the S.I. of Police, on 28.2.2005 to hand over it to the Deputy Director of Mines, Joda which is illegal.