SRI KHAGESWAR PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed by the petitioner Khageswar Parida challenging the impugned order dated 16.08.2016 passed by the learned J.M.F.C. (Rural), Cuttack in Criminal Misc. Case No. 129 of 2016 in rejecting the petition under section 457 Cr.P.C. filed by the petitioner for release of Truck bearing registration no. OR-06-J-1592, Engine no. 697TC68PZY134181, Chassis no. MAT452027A1P39144 which was seized by the opposite party Mining Officer, Cuttack Circle, Cuttack.

(2.) It is the case of the petitioner that on 27.04.2016 at about 4.00 p.m., on a surprise checking of the Mining Officer, Cuttack Circle, Cuttack, it was found that the vehicle in question was parking near Hanuman Petrol Pump, Manguli under Tangi police station being loaded with Coal (Minerals). On the demand of the Mining Officer, since the driver of the vehicle could not produce any valid document in support of the loaded coal in the Truck, the vehicle was seized and it was kept in the custody of the Mining Officer. It is the further case of the petitioner that the petitioner is the registered owner of the vehicle and he was not aware about the transportation of coal in his vehicle without valid document.

(3.) The petition filed by the petitioner for release of the truck was rejected by the learned Magistrate on the ground that no report has been filed before him in connection with the seizure of the vehicle and more over, the confiscation proceeding has already been started and therefore, he lacks jurisdiction to entertain the said application.