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2003 Supreme(Ori) 242

L.MOHAPATRA
JAGABANDHU MAHANTA – Appellant
Versus
BIJAY KUMAR KAR – Respondent


Advocates Appeared:
A.C.SVAIN, D.MAHAPATRA, D.P.Das, G.MISHRA, R.D.Mishra, S.K.MAHAPATRA, S.PADHI

L. MOHAPATRA, J.

( 1 ) THIS application under Section 482, Cr. P. C. has been filed by the petitioner who is working as Forester in Koonjhar Forest Division, challenging the judgment and order dated 17-1-2003 passed by the learned Sessions Judge, Koonjhar in Criminal Revision No. 56 of 2002 giving liberty to the opposite party to move the learned Magistrate for release of a vehicle with a further direction to the learned Magistrate to deal with such application in accordance with the observation made in the judgment.

( 2 ) SHRI Padhi, learned counsel for the petitioner contended that a Marshal Jeep bearing registration No. ORD-9-D-1977 was seized by Barbil Police while carrying teak sleepers without permit. The said vehicle was handed over to the Forest Department for initiation of a Confiscation proceeding under Section 56 of the Orissa Forest Act, 1972. After taking possession of the vehicle the department initiated a confiscation proceeding vide O. R. Case No. 360 of 2002-2003. Owner of the vehicle-opposite party No. 1 appeared before the Authorised Officer, filed his show cause and also filed an application under Section 57 of the Act for interim release of the vehicle and the




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