section 22
Procedure when offender is not known or cannot be found
The Odisha Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988Where the Magistrate is of the opinion that an offence was committed, but the offender is not known or cannot be found, he may on an application made in this behalf, order the property in respect of which the offence was committed and which was seized to be confiscated and taken possession of by or under the authority of the Competent Authority, or to be made over to any person, whom the Magistrate considers to be entitled to the same. Provided that before making any such order, the Magistrate shall cause a notice of any application made under this section to be served upon any person who, he has reason to believe, is interested in the property seized, or shall publish such notice in such manner as he thinks fit: Provided further that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.
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