PRADEEP PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking following relief(s):-

(2.) The facts of the present case are that the petitioner is one of the partners of M/s M.G. Patel and Brothers and Partnership Firm and was indulged in business of trading of Tendu Leaves. The Chhattisgarh State Minor Forest Produce (T&D) Co-operative Federation Limited had floated tenders for allotment of various societies for collection and trading of the Tendu Leaves wherein M/s M.G. Patel and Brothers and partnership firm also participated and was granted various societies for the year 2017-2018 vide order dtd. 28/12/2016 and in this regard agreements were entered into and security money as well as bank guarantee were also given. The partnership firm entered into agreement for societies on 23/1/2017. One Mr. Kashyap Kumar Patel was appointed by the Partnership Firm to supervise the work and on 26/5/2017 after making necessary payments to the respective forest collection centers, while he was moving towards collection centers at Sulangi Road his Innova Car bearing registration No. MH 35 P 5127 was stopped and Rs.27,43,000.00 was recovered and preliminary report dtd. 26/5/2017 was recorded by Border Security Force (BSF). Later on, police investigated the matter and registered FIR No. 14/2017 for commission of offences punishable under Ss. 17, 20 and 21 of Chapter IV of Unlawful Activities (Prevention) Act, 1967 (for short 'Act of 1967) against Kashyap Kumar Patel, Yashwant Narayan Ranjari and Ravindra Parvate on the ground that naxalite banner, pamphlet and literature were recovered from the vehicle. Police seized Rs.27,43,000.00 at the time of registration of FIR and Rs.50,00,000.00cash from the head office of M/s M.G. Patel and Brothers situated at Samajik Bhawan, Village Bandhe, Rs.1,20,760.00 from the office of the petitioner situated at Village Naharpur, Toyota Innova Car No. bearing registration No. MH 35 P 5127 and other naxalite literature. The Investigating Officer conducted search at the office of the petitioner on 27/5/2017 at Village Bandhe and Naharpur and seized Rs.51,20,760.00. On 24/9/2017 charge sheet was filed against the accused persons before Special Court, Jagdalpur for commission of offence punishable under Ss. 17, 20, 40 and 40 (2) of the Act of 1967 along with Sec. 21(12)/177, 105/177, 191/177, 184 of the Motor Vehicles Act, 1988. The petitioner made a representation before the State authorities for releasing the seized property. A writ petition bearing No. W.P.(Cr) No. 374/2017 was filed before the writ Court seeking direction to the respondents to decide the pending representation of the petitioner. On 7/10/2017, the representation made by the petitioner was decided. The petitioner was communicated regarding rejection of representation vide letter dtd. 12/10/2017 by the respondent.

(3.) The petitioner being aggrieved by the order dtd. 7/10/2017, preferred an appeal i.e. Misc. Criminal Appeal No. 1/2017 under Sec. 25(6) of the Act of 1967 before the Special Judge Bastar which has been dismissed vide order dtd. 8/10/2018 after affording proper opportunity to the parties.