MOHAR LAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner seeks direction upon the respondent no. 3- Divisional Forest officer, East Division, Ramgarh for release of his vehicle bearing registration number JH-02H-6400 seized on 25.2.2011 during the pendency of the Confiscation Case No. 16 of 2011 initiated against the said vehicle for the alleged violation of Coal Mines Act and Section 33 of the Indian Forest Act.

(2.) Counsel for the petitioner submits that the vehicle is lying in the open air and is subjected to natural decay, deterioration in value. In such circumstances the petitioner has relied on the decision of the Hon'ble Supreme Court in the case of Sundarbhai Ambalal Desai Vrs. State of Gujrat, 2002 10 SCC 283 and submits that it has been held that the valuable articles as well as vehicles seized in respect of offence should not be kept in custody for a very long period. The vehicle owner, in case, approaches for release of the same, prompt action should be taken after preparing necessary Panchnama in case it is required, steps shall be taken for identification and also for recording evidence and adopt other appropriate treasures, so that in the event the property is subjected to natural decay the evidence is available during proceedings. The concerned authority should also take appropriate steps to release the vehicles in favour of the petitioner/owner after taking adequate security and also indemnity bond or whatever other safety measures as it thinks proper in the circumstances of the case.

(3.) Counsel for the petitioner has also relied Upon judgments of the Learned Single Judge of this Court vide Annexure-4 series in W.P.C. No. 247 of 2006 dated August, 2006 and W.P.C. No. 5507 of 2011 dated 17.11.2011 to support his aforesaid contention.