RAJU KAPAHI @ SHERU BABU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner is aggrieved by the order dated 7.5.2012 passed in G.R Case No.4851 of 2011, by Sri A. M. Tripathi, learned Judicial Magistrate, Dhanbad, whereby, the application filed by the petitioner for release of 10 MT of coal seized from his factory premises, was rejected by the Court below, stating that in the police report, it found mentioned that the seizure of the coal from inside the premises and the coal loaded upon bicycles showed that the seized coal were illegally purchased and they are the material exhibit in this case.

(3.) The petitioner is an accused in Chirkunda (Kumardhubi) P.S. Case No. 173 of 2011 corresponding to G.R. No. 4851 of 2011 instituted for the offence under Sections 414, 120-B, 34 of the Indian Penal Code. The case relates to seizure of 10 MT of coal and an electronic weighing machine from the factory premises of the petitioner and 600 Kg of coal from outside the factory premises of the petitioner.