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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Md. Arman Khan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the vehicle seizure claim. (Para 1 , 2 , 3) |
| 2. arguments against the order of confiscation. (Para 4 , 5 , 6) |
| 3. court analysis on confiscation law. (Para 7 , 8 , 9) |
| 4. ruling to release vehicle with conditions. (Para 10) |
| 5. conclusion and order issued. (Para 11) |
JUDGMENT :
V. Narasingh, J.
1. Heard learned counsel for the Petitioner and learned counsel for the state.
2. This Criminal Revision has been preferred assailing the order dated 18.12.2025 passed by the learned J.M.F.C., Barbil, Keonjhar in CMC No.225 of 2025 arising out of 2(C)CC Case No.105 of 2025, whereby the prayer of the Petitioner for release of his vehicle, namely Truck bearing Regd. No. OD-16E- 2065 having its Chassis No.MAT541109J1D 12464 and Engine No.1SB5.9B4S180T181D63685757, stated to be involved in an offence under Section 21 of The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) read with Rule 12(1) of the Orissa Minerals (Prevention of Theft, Smuggling & Illegal Mining And Regulation of Possession, Storage, Trading and Transportation) Rules, 2007 (OMPTS Rules), was rejected.
3. The Petitioner claims to be the owner of the said vehicle, which was seized by the Min
Confiscation proceedings under state rules cannot prevail over the central MMDR Act; vehicles involved in offenses should be released promptly unless necessary for evidence.
Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
The criminal court has jurisdiction to entertain applications for the release of vehicles even during ongoing confiscation proceedings, emphasizing the need for prompt action to prevent damage to sei....
The jurisdiction of a criminal court to release a seized vehicle is not barred by pending confiscation proceedings under mining regulations.
Confiscation of vehicles requires a competent court's order based on a written complaint, not an FIR; statutory procedures must be followed.
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