JUDGMENT

R. N. BISWAL, J. — This Revision is directed against the order dated 4.11.2004 passed by the S.D.J.M., Bonai in Misc. Case No.34 of 2004 arising out of G.R. Case No.299 of 2004 wherein he rejected the petition filed under Section 457 Cr.P.C. by the petitioner for interim release of the tipper bearing registration No.OR-09-D-9623 in his favour.

2. The factual matrix as found from the F.I.R., impugned order and the Revision petition leading to filing of this Revi¬sion in succinct is that on 11.9.2004 at about 3.00 P.M. while the C.I. of police of Karua Circle and his staff were performing patrol duty at Dengula-Kusumdihi road, receiving reliable infor¬mation that manganese ore being illegally raised from Kandarkala hill were transported, they proceeded towards that hill. On the way the police personnel seeing the aforesaid tipper loaded with manganese ore coming along Bandala Panchayat road towards Dengu¬la, intercepted it. In the meantime out of five occupants of the tipper, four including the driver managed to escape. However, the owner of the said vehicle was caught red-handed and on interroga¬tion, admitted to have raised the manganese ore without any valid authority and