NABA APOT Vs. STATE OF ORISSA

JUDGEMENT

(1.) As both the writ petitions arise out of similar facts and involve the same point of law and have been filed by the same petitioner, both the petitions are disposed of by this common judgment.

(2.) THE petitioner in W.P.(C) No. 2373 of 2006 has called in question the order dated 10.1.2006 passed by the Competent Authority -cum -Deputy Director of Mines, Joda in Confiscation Proceeding No. 50 of 2005 under Section 16(3) of the Orissa Minerals (Prevention of Theft, Smuggling and Ors. Unlawful Activities) Act, 1989 (for short 'the State Act'). By the said order dated 10.1.2006, the Competent Authority -cum -Deputy Director of Mines directed confiscation of the vehicle (Tipper) bearing registration No.OR -04 -D -3035. Similarly, in W.P.(C) No. 2377 of 2006, the petitioner phallenges the order dated 10.1.2006 of the same authority in Confiscation Proceeding No. 51 of 2005 directing confiscation of the vehicle (Tipper) bearing Registration NO. OR -09D -6322.

(3.) THE Mining Officer seized both the aforesaid Tippers and iron ore lumps from the spot but took the vehicles to the office premises, leaving the iron ore lumps seized at the spot