LAWS(ORI)-1965-12-18

STATE Vs. BISESWARLAL AND 3 ORS.

Decided On December 17, 1965
STATE Appellant
V/S
Biseswarlal And 3 Ors. Respondents

JUDGEMENT

(1.) THE opposite parties were placed on trial for an offence under Section 10 of the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 1955, for contravention of the provisions of Clause 4 of the Orissa Kendu Leaves Control Order, 1960 made under that Act. On 8 -2 -1964, Sri B.N. Parija, Magistrate, First Class, discharged the accused under Section 253(1), Code of Criminal Procedure and directed that the seized kendu leaves be forfeited to the State after the appeal was over. Against the order of forfeiture, opposite parties came up in Criminal Revision No. 146 of 1964. This Court set aside the last paragraph of the order of the Magistrate relating to forfeiture. The State of Orissa filed a Criminal Revision on 9 -7 -1964 against the order of discharge. The learned Additional District Magistrate, Bolangir, has made a reference that the order of discharge is unsupportable in law.

(2.) AMONGST other grounds, the order of discharge is based on the construction of Clause 4 of the Orissa Kendu Leaves Control Order, 1960.

(3.) THE first contention has some force as under Article 131, Limitation Act, 1963, the period of limitation for filing a revision is 90 days from the date of the order of discharge. Section 5 of the Limitation Act has, however, been made applicable to criminal revision. No such application for condonation of delay was filed by the State. The Learned Additional District Magistrate should have considered this aspect of the matter.