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1989 Supreme(Ori) 83

K.P.MOHAPATRA
M/S. DAYAL TRADING CO. – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.MISHRA, M.JAIN

K. P. MOHAPATRA, J.

( 1 ) THESE two criminal revisions arise out of 2 (b) CC Case No. 44/tr 309 of 1988 of the Court of Judicial Magistrate, Madanpur-Rampur. They were heard analogously and are disposed of by this order.

( 2 ) THE petitioner is the owner of a saw mill and deals with timber. Officers of the Forest and Police (Vigilance Departments raided the saw mill premises on 9-4-1988 and seized a huge quantity of round logs, sawn sized timber, documents and accounts valued at several lakhs of rupees by seizure-list (Annexure 1 ). Later a prosecution report was submitted in court on the allegation that the petitioner had committed offences under Section 45 of the Orissa Forest Act (hereinafter referred to as 'the Act'), R. 4 of the Orissa Timber and other Forest Produce Transit Rules, 1980 and R. 14 (A) of the Orissa Forest Saw Pits and Saw Mills (Control) Rules, 1980 (hereinafter referred to as the "transit Rules" and "saw Pits and Saw Mills Rules" ). During the pendency of the case the petitioner applied for release of the logs and timber in his favour and the learned judicial Magistrate by order dt. 23-12-1988 directed release of the seized sleeper wood logs subject to furni







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