SAPAN KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been preferred against the order dated 11.4.2005 passed by the S.D.J.M., Sundargarh in G.R.Case No. 123 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 Truck (Dumper) bearing Registration No. OR 16 -6816 in his interim custody.

(2.) A nub of the fact leading to filing of this revision as per the prosecution case is that on 10.3.2004 while O.I.C. of Hemgiri P.S. alongwith his staff was engaged in patrolling duty, getting reliable information that coal was being transported in a truck from Tetelgadi Jungle they proceeded to that site and found the aforesaid truck being loaded with coal illegally parked inside the jungle near coal mine area. The O.I.C. seized the coal alongwith the truck and registered a case for the offence under Sections 379 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.) BEING aggrieved with the said order, the petitioner has preferred this Criminal revision.