- (1.)In this criminal revision under Section 397 of the Code of Criminal Procedure, 1973, the petitioner assails the order dated 23.03.2012 passed by the learned J.M.F.C., Barbil rejecting his application for release of the Unit of M/s. Swati Mines and Minerals Private Limited, which has been seized in G.R. Case No. 498 of 2010.
(2.)The petitioner, being the Managing Director of M/s. Swati Mines and Minerals Pvt. Ltd., a Unit established for procurement, storage and processing of Manganese Ore and incorporated under the Companies Act, isthe applicant. The officers of Joda Police Station, on the basis of written report lodged on 29.01.1990 by the Sub-Inspector of Police alleging that he has reliable information concerning illegal transportation and unloading of Manganese Ore inside the factory premises of Swati Minerals located at Banspani, rushed to the spot and found one 207 Tata Pick Up bearing Regn. No. OR-09A-1414 was loaded with some plastic bags containing manganese Ore being parked inside the unit. It is further alleged that at the sight of the police, the driver of the vehicle and those present at the Unit ran away.
Thereafter, a case was initiated and the unit was seized. The office room, where the original documents and records pertaining to the factory/unit are stored has also been sealed, but no seizure list was furnished to the petitioner. Thereafter, the petitioner filed an application under Section 457 of the Code for release of the seized property in his favour, which was registered as C.M.A. No.17 of 2011. The learned Magistrate called for a report from the local police by his order dated 03.02.2011. However, despite the case suffering several adjournments with repeated reminders issued from the Court, the Investigating Agency did not submit the case diary or the seizure list before the J.M.F.C. On 24.09.2012, the learned J.M.F.C. rejected the petition solely on the ground that no seizure list or any connected paper was available in the case record.

(3.)The petitioner preferred a revision assailing the order of the learned J.M.F.C., which has been registered as Crl. Revision No.615 of 2012.
In course of hearing, learned counsel for the State produced relevant documents, from which it appears that the police has seized the Unit of the petitioner on 21.09.2010. Therefore, the Crl. Revision was disposed of directing the learned J.M.F.C., Barbil to consider and dispose of the application under Section 457 of the Code for interim release of the Unit of the petitioner.