BRIJ MOHAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 12.9.2012 passed by Sri A.K. Singh, learned Judicial Magistrate 1st Class, Hazaribagh, in Bishnugarh P.S. Case No. 62 of 2012 corresponding to G.R. No. 1479 of 2012, whereby application filed by the petitioner for release of the seized truck loaded with coal, has been rejected by the Court below.

(2.) It appears from the FIR in Bishnugarh P.S. Case No. 62 of 2012 corresponding to G.R. No. 1479 of 2012 that one truck bearing Registration No. JH 02N-3127 was apprehended loaded with coal. As the truck was found overloaded by 4.18 tonnes of excess coal, the truck alongwith the coal was seized and the petitioner being the owner of the truck has been made accused in this case.

(3.) The petitioner filed his application for release of the coal and truck claiming to be the owner of the truck, but the same was rejected by the Court below earlier, in view of the fact that there was a confiscation proceeding with respect to the truck and coal. It further appears that the said confiscation proceeding has since been dropped by order dated 5.9.2012 passed by the competent authority, in Confiscation Proceeding No. 28 of 2012, which has been brought on record as Annexure-2 to this revision application, which shows that the competent authority had found that it could not be proved that seized coal belonged to the forest area and as such, no offence was found to have been committed under Sections 33 and 34 of the Forest Act. Accordingly, the confiscation proceeding was dropped.