HARIPADA SARKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. Learned counsel for the petitioner prays for release of the truck in question, i.e. W.B. 73-3441 pending in the Confiscation Case No. 2 of 2004. He submitted that truck in question is a commercial vehicle and it was hired through one Jagdamba Freight Movers by the owner of the timber, nemaly, Raj Kumar Sharma (Annexure-1). Petitioner is not accused in the case. It is further submitted that petitioner will discharge his onus as required in law, in the confiscation case; that the truck is lying exposed to weather since 20-1-2004; that nobody will be benefited if the truck is allowed to rot.

(2.) STATE counsel submitted that in view of the Supreme Court judgment ordinarily the truck involved in forest offences should not be released till the final culmination of the proceedings. However, he submitted that if the same is released, it must be against the bank guarantee for the value fixed by the Divisional Forest Officer.

(3.) IT is made clear that this Court has not gone into the merits of the case.