UTTAM KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. This application is directed against the order dated 3.6.2013 passed in Cr. Rev. No. 15 of 2013 by the Additional Sessions Judge IV, Dhanbad affirming the order dated 23.11.2012 passed by the Judicial Magistrate, Dhanbad in Govindpur P.S. Case No. 322 of 2011 whereby and whereunder prayer made for release of 320 bags of cement and 450 empty bags of cement was rejected.

(2.) IT is the case of the prosecution that on getting secret information that the petitioner had indulged himself in selling cement using the bags of ACC and Lafarge in order to cheat the people a raid was laid where 320 bags of cement either marketing of ACC or Lafarge as well as 450 empty bags of cement were recovered.

(3.) AFTER submission of the charge sheet an application was filed for release of the cement seized by the police but that prayer was rejected holding therein that cement is the material exhibit of the case and that the petitioner has failed to establish the ownership over the cement. That order was challenged before the revisional court but the revisional court also rejected the prayer for release of the cement as well as empty bags.