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2022 Supreme(Ori) 81

S.K.PANIGRAHI
Smtgeeta Devi Agarwal – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
Mr. B.S. Tripathy, Advocate, for the Appellant; Mr.Karunakar Gaya, Additional Standing Counsel, for the Respondent.

JUDGMENT

S.K. Panigrahi, J. These petitions under Articles-226 and 227 of The Constitution of India have been filed with a prayer to quash the criminal proceedings emanating from Case No. 2 (C) CC No. 07 of 2011, for the alleged commission of offenses under Sections-4(1), 4(1A,)21(1) and 23 of the Mines and Minerals (Development & Regulation) Act, 1957 and Under Rules 3, 6, 12(3), 12(4) and 18 of the Orissa Minerals (Prevention of theft, Smuggling and illegal mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007, which is pending in the Court of learned J.M.F.C, Kujanga.

2. Shorn of unnecessary details, the facts of the present matter are as follows:

    i. In pursuance to the letter of The Mining Officer, Cuttack dated 02.12.2020, a truck bearing registration No. OR-05W-0779 was seized on 03.12.2010.The said truck belonged to Sri. Trupti Ranjan Das. The seizure was made on the ground of using fake transit passes for the transportation of iron ores from the stockyard at Manguli, Cuttack belonging to M/S Gananayak and Co, to M/S GNG Exports at Paradip Port.

    ii. Confiscation proceedings against the seized trucks were initiated vide C.P. Case No.69/2010, for t

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