JUDGMENT :

S.K. SAHOO, J.

The appellant Gangadhar Sahoo has knocked at the portals of this Court for the third time by preferring this appeal under section 17 of the Orissa Special Courts Act, 2006 (hereafter ‘2006 Act’) challenging the impugned order dated 21.12.2011 passed by the learned Authorized Officer, Special Court, Bhubaneswar in Confiscation Case No.3 of 2011 in rejecting his petition dated 22.11.2011 filed for dismissal of the confiscation proceeding, holding the same as not maintainable.

2. The factual scenario of the case shows that Cuttack Vigilance P.S. Case No.10 of 1984 was instituted against the appellant on the basis of the first information report dated 09.03.1984 presented by Sri P.K. Behura, D.S.P., Vigilance, Cuttack Division, Cuttack which ultimately resulted in submission of charge sheet on 28.09.1988 by Sri B.B. Mohapatra, D.S.P., Vigilance, Cuttack Division, Cuttack under section 5(2) read with section 5(1)(e) of the Prevention of Corruption Act, 1947 (hereafter ‘1947 Act’) against the appellant on the accusation of possession of disproportionate assets to the tune of Rs.5,02,530.86 paisa to his known sources income during the check period from 05.08.1971 to 15.03.1984 after obtaining necessary sanction from the competent authority as per section 6(1)(b) of the 1947 Act. The said case is now subjudiced for trial before the learned Special Judge, Special Court, Bhubaneswar in T.R. Case No.13 of 2008.

3. The State Government in Home Department in exercise of the power conferred under section 5 of the 2006 Act made a declaration in respect of the appellant on dated 11.07.2008 which was published in the Extraordinary Orissa Gazette dated 15th July 2008. The declaration reads as follows:-

HOME DEPARTMENT

DECLARATION

The 11th July 2008

FORM NO. I

(See Rule-7)

S.R.O. No.345/08-WHEREAS, it was alleged that Shri Gangadhar Sahoo, S/o. Lokanath Sahoo of Village Kusunda, P.S. Banki, District Cuttack, State Orissa, while holding high Public Office in the State of Orissa, i.e. Ex-Executive Engineer, CADA (Command Area Development Authority), Bhubaneswar committed an offence under clause (e) of sub-section (1) of Section 5 of the Prevention of Corruption Act, 1947 corresponding to 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.10, dated the 9th March 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 Gangadhar Sahoo, who has accumulated properties disproportionate to his known sources of income by resorting to corrupt means:

AND WHEREAS, it is felt necessary and expedient by the Government that the said offender should be tried by the Special Court established under sub-section (1) of Section 3 of Special Courts Act, 2006:

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 5 of Special Courts Act, 2006 (Orissa Act 9 of 2007), the State Government do hereby declare that the said offence shall be dealt with under the Special Courts Act, 2006. [No.3173-C]

By order of the Governor

TARUNKANTI MISHRA

Principal Secretary to Government

4. On the first occasion, the appellant filed WPCRL No.54 of 2009 before this Court challenging the aforesaid notification dated 11.07.2008 and the constitutional validity of 2006 Act and the rules framed there under. A Division Bench of this Court disposed of the writ petition along with a batch of other cases by a common judgment dated 16.09.2010 in case of Dibyadarshi Biswal and others -Vrs.-State of Orissa reported in (2011) 49 Orissa Criminal Reports 1, in which the prayer made to quash the notification issued under section 5(1) of 2006 Act was turned down and it was held that 2006 Act prevails over the Central laws regarding confiscation proceeding.

It was further held that the 2006 Act and Prevention of Money Laundering Act (hereafter ‘