MOHAMMAD SHEKHAWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) PARTIES are finally hard. Applicant is aggrieved by the order dated 14-10-2000 passed by the ' Judicial Magistrate, First Class, Raigarh in Criminal Case No. 93/2000, refusing to give the possession of the property in custody of the application and order dated 10-11-2000, passed by the learned Second Additional Sessions Judge, Raigarh in Criminal Revision No. 215/2000.

(2.) BY this petition under Section 482 Cr.P.C., the applicant submits that for almost about one year his truck is lying idle in the police station and condition of the truck is deteriorating every day. According to the applicant, one Govind Ram Agrawal hired the truck of the applicant for transportation of certain rice from one state to another and after loading the goods in the said truck supplied him certain documents showing that the said shipment was levy paid and proper Mandi-fee was paid on the same. According to the applicant, when the truck was intercepted at the border of the State, the applicant through his driver informed the authorities that he had not committed any offence. The applicant further submits that in fact the applicant did not commit any offence, but he was also defrauded by the said Govind Ram Agrawal as he was supplied the forged documents. He submits that if the truck remains in custody of the police for some more time, the value of the truck would diminish to zero and even if, ultimately, the accused is acquitted or property is confiscated in favour of the State, none of the parties would be benefitted because none would get a running truck, but would be supplied junk only.

(3.) I have heard the parties at length.