TULSI RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, Tulsi Rajak claims to be the owner of the truck bearing registration No. BR 01H-4357 for which photocopy of registration has been annexed as Annexure A-2 to this application. He further prayed for issuance of an appropriate order quashing the order dated 4-11-2003 passed by the learned Court in T. R. No. 1043 of 2003, whereby and whereunder, the application filed by this petitioner to release the truck in question was rejected.

(2.) Earlier the petitioner has preferred Criminal Revision No. 568 of 2003, of which Annexure A-1 is the order of this Court, directing the Court below to call for a report from the concerned Police Station within seven days and thereafter considering the report he will pass appropriate order, in accordance with law regarding the release of the truck in question. After submission of police report, learned Court below considered the report and thereafter refused to release the truck in question in favour of the petitioner.

(3.) Learned counsel for the petitioner has submitted that the truck in question bearing registration No. BR 01-4357 has been seized, alleging that it was carrying stolen coal, resulting institution of Nawadih P. S. Case "No. 78 of 2002. It was submitted that the truck of this petitioner was engaged in carrying goods on hire transportation. He is not concerned with the alleged carrying of coal rather he is simply owner of the truck in question. The learned Court below has refused to release the truck only on the ground that the tax token and permit were not genuine and on the basis of those documents illegal coals were transported. Learned counsel for the petitioner in course of submission undertakes to abide by any of the condition imposed by this Court in releasing the truck.