JUDGMENT

S.C. PARIJA, J. — The accused-petitioner has filed this writ petition praying for quashing of the FIR registered as Barkot P.S. Case No. 66 of 2008 under Section 379 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and the corresponding criminal proceeding in G.R. Case No. 326 of 2008, pending in the court of learned S.D.J.M., Deogarh.

2. The case of the accused-petitioner is that for operat¬ing the Intermediate Storage Depot for storage and transportation of Iron Ores, the petitioner applied for a licence under the provisions of Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules 1990 (since repealed). Accord¬ingly the petitioner was granted a licence in Form ‘D’ in the name of M/s. Sankar Transport, under the provisions of Rule 4 of the aforesaid 1990 Rules, for storage and transhipment of Iron Ores at Rajna in Barkot, in the district of Deogarh.

3. While the petitioner was operating the Intermediate Storage Depot at Rajna in Barkot, a search was made in the depot premises of the petitioner by the Deputy Director of Mines, Sambalpur, opposite party no.2, and during such search, the said opposite party no