NAGESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr. Revision is directed against the order impugned dated 31.07.2009 by which the petition filed on behalf of the petitioner for the release of his Maruti Van No. BR 20C 9615 was rejected by the A.C.J.M., Bermo at Tenughat in Bermo (Phoosro) P.S. Case No. 70 of 2008 corresponding to G.R.No. 492 of 2008 seized in connection with the alleged offence under Section 121(A)/ 384/120B I.P.C., under Section 13 U.A.P. Act, under Section 17(i) (ii) of the C.L.A. Act as also under Section 3/4/5 of the Explosive Substance Act.

(2.) The prosecution story in short was that the Maruti Van No. BR 20C 9615 was intercepted by the police in course of patrolling duty and on search various incriminating articles were recovered kept confined in the said vehicle including the literatures, letter heads of M.C.C. people and explosive materials. On interrogation of the occupant of the Maruti Van, who disclosed their names being Karamchand Manjhi and another Mihilal Manjhi, no satisfactory answer could be given about such materials being carried in the vehicle. The police, therefore, had reason to believe that the said vehicle was used by the M.C.C. people for carrying explosive materials and other general literatures and therefore, the vehicle and the materials found therein were seized in presence of the witnesses and a seizure list was prepared. In course of investigation, the petitioner was arrested and it was alleged that the petitioner had confessed his guilt before the police and he had admitted that his vehicle was used by the M.C.C. people for transportation of incriminating materials.

(3.) Learned Counsel Mr. Tewari appearing on behalf of the petitioner submitted that there was no material against the petitioner except the confessional statement recorded by the police which is hit by Section 25 of the Evidence Act. There was no criminal antecedent either against the petitioner or there was no material in the case diary suggesting that the said vehicle was earlier used or that was involved in any other criminal offence in which the M.C.C. people were figured as accused persons. The vehicle was seized in the month of July, 2008 and that has been kept at Bermo police station in the open air, subjected to junk and erosion due to rain water and if the said vehicle would be allowed to be put in such condition the same would not longer be in a condition for further use in future and hence the Maruti Van may be allowed to be released on execution of sufficient bond by the petitioner.