JUDGMENT :

S.K. Sahoo, J.

In all these three appeals, though the appellants are different but they have challenged the orders passed by the learned Authorised Officer, Special Court, Cuttack in three confiscation proceedings in rejecting their petitions filed challenging the maintainability of the confiscation proceedings and since the questions of law and facts involved are identical, with the consent of the respective parties, all these matters were heard analogously and a common judgment is being passed.

CRLA No. 392 of 2012

2. The appellant Sadananda Mishra has preferred this appeal under section 17 of the Orissa Special Courts Act, 2006 (hereafter ‘2006 Act’) challenging the order dated 13.06.2012 of the learned Authorized Officer, Special Court, Cuttack passed in Confiscation Case No.1 of 2012 in rejecting the petition dated 6.6.2012 filed by the delinquents challenging the maintainability of the confiscation proceeding.

3. The appellant Sadananda Mishra is an accused in Cuttack Vigilance P.S. Case No.34 dated 10.11.1994 which corresponds to T.R. Case No.6 of 2008 pending in the Court of Special Judge, Special Court, Cuttack for offences punishable under sections 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988 (hereafter ‘1988 Act’). A proceeding for confiscation was instituted at the instance of the State of Orissa under section 13 of the 2006 Act vide Confiscation Case No.1 of 2012 before the Authorized Officer, Special Court, Cuttack in which apart from the appellant, his wife Smt. Smruti Prava Mishra, son Sunanda Mishra and mother Nishamani Mishra are the delinquents. The delinquents are the residents of Sheikh Bazar under Lalbag Police Station in the district of Cuttack.

The prosecution case is that the appellant after passing Diploma in Mining Engineering joined as a Blasting Supervisor in O.M.C., Sambalpur on 26.04.1964 and then he was promoted to the rank of Mines Manager and worked in such capacity in different mines till 1976 and then he was promoted to the rank of Regional Manager and thereafter he worked as General Manager, Daitari Iron Ore Project since April, 1993. It is the prosecution case that during the check period i.e. from 22.04.1966 to 02.03.1994, the appellant was found in possession of disproportionate assets to the tune of Rs.15,31,367.20 paisa which he could not account for.

4. After completion of investigation, charge sheet was submitted against the appellant under sections 13(2) read with 13(1)(e) of 1988 Act on 30.12.1993 and accordingly cognizance of offence was taken by the Special Judge, Vigilance, Bhubaneswar and process was issued to the appellant, in pursuance of which the appellant appeared in the said Court and released on bail.

5. The State Government in Home Department exercising power conferred under section 5 of the 2006 Act made a declaration in respect of the appellant on dated 31.05.2008 which was published in the Extraordinary Orissa Gazette dated 02.06.2008. The declaration, so made is quoted herein below for ready reference:-

HOME DEPARTMENT

NOTIFICATION

The 31st May 2008

FORM NO.1

(See Rule-7)

DECLARATION

S.R.O. No. 253/08 –

WHEREAS, it was alleged that Shri Sadananda Mishra, Ex-General Manager, Orissa Mining Corporation Ltd. Daitari Iron Ore Project, Keonjhar, S/o Late Sarat Kumar Mishra, At Sheikh Bazar, P.S: Lalbag, Dist: Cuttack, while holding high public office in the State of Orissa, i.e. Orissa Mining Corporation Ltd, Daitari Iron Ore Project, Keonjhar committed an offence under Clause (e) of sub-section (1) of Section 13 of the Prevention of Corruption Act, 1988 and that the matter was investigated in Cuttack Vigilance P.S. Case No.34 dt.10.11.1994;

AND WHEREAS, on scrutiny of relevant materials available on record, the State Government is of the opinion that there is prima facie case of commission of the offence of Shri Sadananda Mishra, who has accumulated properties disproportionate to his known sources of income by resorting to corrupt means;

AND WHEREAS, it is fel