Court : Orissa
Reported in : 2005(I)OLR604
..... bazar of coudwar the tangi police found the aforesaid vehicle transporting aluminium conductors weighing 3.10 quintals in violation of the provisions of the orissa electric supply-line material (unlawful possession) act, 1988 (for short, 'the act'). ..... an analysis of the aforesaid provisions of the act would clearly show that the legislature has provided for all contingencies regarding disposal of the property seized in connection with unlawful possession of electric supply-line materials. ..... admittedly there is no provision in the act specifically excluding the jurisdiction of the criminal court for release of the property seized in connection with unlawful possession of electric supply-line material. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori177; 1959CriLJ1351
..... while therefore maintaining the conviction of the petitioner under section 5 of the telegraph wires (unlawful possession) act 195.0 i would enhance the sentence passed on the petitioner to six months' rigorous imprisonment. ..... though the law provides for an alternative sentence of fine only, to be imposed in certain circumstances, the maximum sentence for the offence of unlawful possession of telegraph wires was fixed as five years rigorous imprisonment. ..... the aforesaid act was not found to work effectively, especially in the states of bengal, bihar orissa and mysore, and consequently parliament amended the act by the telegraph wires unlawful possession amendment act, 1953 which came into force on 30-9-1953. ..... section 5 which is the penal section for unlawful possession of telegraph wires may be quoted in full ;'5. ..... the law relating to unlawful possession of telegraph wires was in forcei since 1950 and drastic amendment was introduced by the amending act of 1953 mainly because theft of telegraph wires was found to be rampant in some of the states, including orissa. ..... the telegraph wires (unlawful possession) act, 1950 came into force on 28-12-1950. ..... penalty for unlawful possession of telegraph wires:-- whoever is found or is proved to have been in possession of any quantity of telegraph wires which the court has reason to believe to be, or to have been the property of the posts and telegraph department of the central .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR452
..... read with section 3 of the electric supply-line materials (unlawful possession) act, 1988 (for short 'the act') and the fact of seizure was intimated to the authorised officer-cum-superintending engineer, electric circle, nesco, balasore and chandipur p.s. .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR255
..... 12 dated 22.1.2005 for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act'), giving rise to the aforesaid g.r. .....
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ4248; 2005(II)OLR239
..... 12 dated 22.1.2005 for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act') giving rise to the aforesaid g.r.case.3. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR498
..... to prevent theft, smuggling and other unlawful activities in relation to minerals in the state, the orissa legislature have enacted the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1988, (orissa act 23 of 1989) which provides thai no person shall possess, store, sell and trade or otherwise deal with any mineral, except under and in accordance with the terms and conditions of a ..... state of orissa have assailed the legality of the orders dated 12.9.1990 and 14.12.1990 annexed an annexures 4 and 6, and have also challenged the constitutional validity of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1988, (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR672
..... 2 therein to dispose of the application of the petitioner dated 30.4.2005 filed under section 17 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1988 (hereinafter referred to as 'the act') within a period of two weeks from the date of receipt of certified copy of the said order from the petitioner.3. ..... we further find that the orissa minerals (prevention of theft, smuggling and other unlawful activities) rules, 1990 which have been framed pursuant to the power of the state government under section 37 of the act provide for compounding of the offences by the competent authority under rule 14 thereof. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ1331; 1995(I)OLR246
..... of railway property - whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable-(a) for the first offence, with imprisonment for a term which may extend to five years or with fine, or with ..... for the requirements of the proof under this section, it has been held that the essential requirements of section 3 are that (i) the property in possession should be railway property, (ii) it should reasonably be suspected of having been stolen or unlawfully obtained, and (iii) it should be found or proved that the accused was or had been in possession of that property. ..... for the principle that the officers are two but enquiry under section 3 of the railway property (unlawful possession) act, 1966 (for short 'the act') is not the police officer, the person arrested under section 6 of the act incriminating statements made by him during enquiry under section 8, the protection under section 20(3) of ..... rath, jmfc, balasore in 2 (c) cc 21/83 convicting the petitioners under section 3(a) of the railway property (unlawful possession) act, 1966 (for short 'the act'), the submission of the learned counsel for the petitioners is that in this case, other two accused persons-kamalakanta sahoo and abhiram mallik were acquitted but .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR21
..... unlawful activities) act, 1989 (for short 'the state act'). .....
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR88
..... read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act ('the act' hereinafter) corresponding to g.r. .....
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