MD. JALAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Anwar, learned senior counsel appearing for the Petitioner, submitted that no revision was maintainable against the interlocutory order of release of vehicle passed by the Appellate Authority, but by the impugned order dated 11.8.2010 passed by the Revisional Authority in Revision Petition No. 13 of 2008, the order dated 21.5.2008 passed by the Deputy Commissioner / Appellate Authority in pending Appeal No. 30 of 2007-08 for release of vehicle, has been set aside and direction has been issued to confiscate the dumpers / trucks along with stone boulders loaded thereon. He relied on a judgment (Raghu Nandan Ram v. State of Bihar and Ors., 2001 1 PLJR 37).

(2.) Counsel for the State, on the other hand, supported the impugned order.

(3.) In my opinion, this case is squarely covered by the case of Raghu Nandan Ram (Supra). It appears that the Deputy Commissioner by his order dated 21.05.2008, directed for release of the dumpers / trucks of the Petitioner on furnishing two sureties of Rs. 2.00 lakhs each during the pendency of the appeal. The appeal was kept pending in view of the pendency of the criminal case. The said revision was filed against the said order of release of vehicle, which has been set aside by the Revisional Authority saying that Prima facie, the order of the Deputy Commissioner is not correct.