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2004 Supreme(Ori) 114

L.MOHAPATRA
Yaswant Porwal – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. S. P. Mishra, S. K. Mishra and S. Nanda
For Opp. Party:Addl. Standing Counsel

JUDGMENT

L. MOHAPATRA, J. — Informant is the petitioner before this Court challenging the order dated 7.4.2003 passed by the learned S.D.J.M., Jharsuguda in G.R. Case No. 1084 of 2002 rejecting the prayer of the petitioner for release of certain gold ornaments as well as cash under Section 457 of the Code of Criminal Procedure.

2. Case of the petitioner is that he is the authorised agent of M/s. Rohit Jewellers, Mumbai dealing with manufacturing and sale of gold ornaments. In view of orders received from different jewellers the same were being supplied through the present petitioner. On the date of occurrence the petitioner being deputed by said M/s. Rohit Jewellers to supply ornaments to different jewellers in Orissa was moving from Jharsuguda to Bar¬garh in a bus. It is alleged that the accused persons on false pretext took him in a motor-cycle with intention to commit rob¬bery, as a result of which the petitioner raised hullah. Hearing his shout police rescued him and recovered gold ornaments as well as cash which had been taken away by the accused persons and seized the same. On the basis of such allegation, a case was registered. The petitioner filed an application under Secti












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