MATADIN SHARMA Vs. KING

JUDGEMENT

(1.) On the night of the 28 August 1947, the petitioner's son-in-law was driving a truck bearing, No. B.R.L. 658 with some bundles of yarn when he was arrested and taken with the truck and the yarn to the Deoghar Police station. On the following morning, a first information report was lodged for smuggling yarn,. It is further claimed on behalf of the Crown that after the first information report was lodged an unlicensed revolver and some live cartridges-were found in the truck, and a case was started also under the Arms Act.

(2.) The petitioner claiming to be the owner of the truck applied on 27th September 1947, to the Sub-divisional Officer, Deoghar, for the release of the truck with the tools etc, contained therein of which he gave a list. No order having been passed, he renewed his application on 29 November, and the Sub- divisional Officer then direct, ed the release of the truck on execution of a bond of Rs. 4,000/. The petitioner duly executed this bond, and it was accepted by the Sub-divisional Officer. Thereafter the petitioner repeated, by attempted to secure the release of his truck, but was always put off on one excuse or another, and eventually failing to obtain any satisfaction, he has come to this Court. He points out that he is a businessman, and the detention of his truck since August last, it being now April, last put him to heavy loss, and he is not an accused in the case, that the car is being kept accorded for, and he apprehends that the machinery must be deteriorating. An order having 1 been passed for the release of the truck upon security, and the security having been furnished, here could be no excuse for retaining it.

(3.) In his report to this Court the learned Sub-divisional Officer says that the order for release was in connection with the yarn smuggling case, but the car was required as an exhibit an the Arms Act case, and was being retained for that purpose.