FUL KUMARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

(2.) This petition has been filed for release the Tractor bearing Registration No.JH09AJ-3415 along with Trolley bearing Registration No.JH09K-5088 and for quashing the order dtd. 2/8/2021 passed in Cr. Revision No.35 of 2021 by the learned Sessions Judge, Bokaro. The further prayer is made for quashing the order dtd. 16/3/2021 passed in Misc. Cr. Application No.630 of 2021 passed by the learned Judicial Magistrate, 1 st Class, Bokaro in connection with G.R. Case No. 285 of 2021, arising out of Chas P.S. Case No.141 of 2020, pending in the court of the learned Judicial Magistrate, 1st Class cum Additional Civil Judge (Jr. Div.), Bokaro.

(3.) The FIR was instituted on 27/6/2020 against the owner cum driver of Tractor bearing Registration No.JH09AJ-3415 along with Trolley bearing Registration No.JH09K-5088 namely Ravindra Kumar Rai on the basis of Letter No.1657/Mining dtd. 27/6/2020 issued by the Mining Officer, Bokaro alleging therein that on 25/6/2020 at about 10:00 AM one Tractor bearing Registration No.JH09AJ-3415 along with its Trolley bearing Registration No.JH09K-5088 was seized while the said Tractor was carrying 100 cft. sand without any legal Mining Transport Challan and thereafter the said tractor was seized and seizure list was prepared.