MURLI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the sides.

(2.) This criminal writ has been filed for issuance of a mandamus upon the respondents to release the truck No. CG-15-ZC-0122 and Truck No. BR- 13-G-0392 seized In connection with Panki P.S. Case No. 1 of 2003 (G.R. Case No. 39 of 2003) along with the coal loaded on that which was also subsequently seized in connection with Panki P.S. Case No. 9 of 2003 on 18-2-2003.

(3.) These two trucks apparently were loaded with coal and were seized and FIR was lodged as first Panki P.S. Case No. 1 of 2003 and thereafter prayer was made before the learned Chief Judicial Magistrate, Palamau at Daltonganj, for release of the trucks as also the coal loaded on those trucks. The learned Chief Judicial Magistrate, by order dated 28-1-2003 passed in Panki P.S. Case No. 1 of 2003 (supra) directed the release of the truck No 15-ZG- 0122 with coal in favour of the petitioner No. 1 Murli Prasad on furnishing indemnity bond of Rs. 3,00,000/- within one surety of the like amount each and the truck No. BR- 13-G-0392 in favour of the petitioner No. 2, namely Maksood Alam on furnishing Indemnity bond of Rs. 3,00,000/- with one surety of the like amount each and coal loaded on truck No. BR-13-G-0392 in favour of petitioner No.3, namely, Abdul Zabbar on furnishing Indemnity bond of Rs. 10,000/- with one surety of the like amount each.