Section 16 in The Orissa Minerals (Prevention Of Theft, Smuggling And Other Unlawful Activities) Act, 1988
16. Seizure of property liable to confiscation
(1)When there is reason to believe that an offence has been committed in respect of any mineral such mineral, together with all tools, vehicles or other conveyances used in committing any such offence may be seized by an officer authorized by the Government in that behalf (hereinafter referred to as the authorized officer) or a Police Officer.(2)Every officer seizing any property under this section shall place on such property a mark in such manner as may be prescribed, indicating that the same has been so seized and shall as may be, except where the offender agrees in writing to get the offence compounded, either produce the property seized before the competent authority or make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.(3)Where any mineral seized under Sub-section (1) produced before the competent authority under Sub-section (2) and he is satisfied that an offence has been committed in respect thereof, he may order confiscation of the mineral so seized and produced, together with the tools vehicles or other conveyances used in committing such offence.(4)No order confiscating any property shall be made/under Sub-section (3) unless the person from whom the property is seized is given -(a)a notice in writing informing him of the grounds on which it is proposed to confiscate such property;(b)an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and(c)a reasonable opportunity of being heard in the matter.(5)Without prejudice to the provisions of Sub-section (4) no order of confiscation under Sub-section (3) of any tool, vehicle or other conveyance shall be made if the owner thereof proves to the satisfaction of competent authority that it was used without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool, vehicle or other conveyance in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.(6)The property seized under this section shall be kept in the custody of the authorized officer or with any third party until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal is received.(7)Any officer above the rank of the competent authority empowered by the Government in this behalf by notification, may, within thirty days from the date of the order of confiscation, by the competent authority under Sub-section (3), on an application, call for and examine the records of the case and may make such enquiry or cause such enquiry to be made and pass such order as he may think fit:Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.
