SADANANDA MISHRA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) In all these three appeals, though the appellants are different but they have challenged the orders passed by the learned Authorised Officer, Special Court, Cuttack in three confiscation proceedings in rejecting their petitions filed challenging the maintainability of the confiscation proceedings and since the questions of law and facts involved are identical, with the consent of the respective parties, all these matters were heard analogously and a common judgment is being passed.

(2.) The appellant Sadananda Mishra has preferred this appeal under section 17 of the Orissa Special Courts Act, 2006 (hereafter '2006 Act') challenging the order dated 13.06.2012 of the learned Authorized Officer, Special Court, Cuttack passed in Confiscation Case No.1 of 2012 in rejecting the petition dated 6.6.2012 filed by the delinquents challenging the maintainability of the confiscation proceeding.

(3.) The appellant Sadananda Mishra is an accused in Cuttack Vigilance P.S. Case No.34 dated 10.11.1994 which corresponds to T.R. Case No.6 of 2008 pending in the Court of Special Judge, Special Court, Cuttack for offences punishable under sections 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988 (hereafter '1988 Act'). A proceeding for confiscation was instituted at the instance of the State of Orissa under section 13 of the 2006 Act vide Confiscation Case No.1 of 2012 before the Authorized Officer, Special Court, Cuttack in which apart from the appellant, his wife Smt. Smruti Prava Mishra, son Sunanda Mishra and mother Nishamani Mishra are the delinquents. The delinquents are the residents of Sheikh Bazar under Lalbag Police Station in the district of Cuttack.