RAJ CHOUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioner and also counsel appearing on behalf of the State.

(2.) The order impugned in the instant writ petition is dated 02.07.2009 passed by the learned Sessions Judge, Dhanbad in Cr. Rev. No. 174 of 2009 confirming the order of Magistrate dated 23.05.2009 in G.R. No. 138 of 2008.

(3.) 23 tonnes of coal were loaded in a truck bearing registration No. JH-11- A-4392. The allegation is at the time of seizure of the truck loaded with coal, no document could be produced at the behest of the accused. Subsequently, during the continuation of the investigation, an application was moved for release of the coal along with some certified documents to substantiate its ownership which was rejected by the Chief Judicial Magistrate, vide order dated 13.01.2009. This order was challenged in Cr.Rev., but the same stood dismissed by the learned Sessions Judge for the reason that investigation was in continuation, therefore, the court was not inclined to release the coal during the pendency of investigation. However, it was left open that after submission of chargesheet, the petitioner will be at liberty to approach the court at a latter date. Hence, another application was moved which was dismissed, vide order dated 23.05.2009. The order was challenged in Cr.Rev. No. 174 of 2009. The revisional court has once again refused the prayer for release of the coal on the ground that the accused/petitioner was not able to produce any document at the time of seizure. Chargesheet is submitted and a number of witnesses have supported the prosecution case in the statement under Section 161 Cr.P.C.