SITA RAM SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. No one appears on behalf of the State.

(2.) This criminal miscellaneous petition has been filed by the petitioner against the order dated 11.10.2008 passed by the learned Chief Judicial Magistrate, Giridih refusing to release the trucks bearing Registration No. HR-38J-6759 and HR- 38E-2319, which were seized in connection with a first information report dated 26.5.2006 which was registered for the offence under Section 414/34 of the Indian Penal Code and Section 33 of the Indian Forest Act and also the revisional order passed by the Additional Sessions Judge- Fast Track Court-VII, Giridih, by which the revision application filed by the petitioner against the order passed by the Chief Judicial Magistrate has been dismissed.

(3.) The facts, in short, are that a first information report was registered for offence under Section 414/34 of the Indian Penal Code and Section 33 of the Indian Forest Act alleging therein that two trucks bearing Registration No. HR-38J-6759 and HR-38E- 2349 were found transported coal from the forest area. The trucks were inspected, then it was found that the coal loaded on the said trucks about 25 tones in weight were being transported illegality from Jamtara forest area.