STATE OF ORISSA Vs. BASANT NAYAK AND ORS.

JUDGEMENT

(1.) THIS is an application filed by the State under Section 482 of the Code of Criminal Procedure (for short "Code of Criminal Procedure") challenging the orders passed by the Courts below directing release of truck bearing registration No. ORJ -6656 in favour of the opposite party No. 5 Dasarathi Rout.

(2.) THE facts given in the present case is that on 28.11.1988 while the truck in question was carrying 27 pieces of Sal logs, the same was seized by the Inspector of Police, Anandapur Police Station. No valid transit permission could be produced on demand as required under the Orissa Timber and Other Forest Produce Transit Rules, 1980 for transportation of the said logs, as a result of which the S.I. of Police, Anandapur police station not only seized the truck and sal logs but also registered a case against the opposite parties under Sees. 379/363/144/44, I.P.C. read with Section 46 and 56 of the Orissa Forest Act, 1972 and the same has been numbered as G.R. Case No. 326/88 in the Court of S.D.J.M., Anandapur.

(3.) AGAINST the said order, the State carried a revision vide Criminal Revision No. 3/89 before the court of Sessions Judge, Keonjhar and the said revision was dismissed by order dated 9.7.1989 relying on the decisions of this Court reported in, 1988 (I) OLR 116:, (1988) 1 OCR 116, (Srinibels Panda v. State of Orissa).