MUKESH KUMAR @ RAJU TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against that part of the order dated 30.9.2013 passed by 1st Additional Sessions Judge, Saraikella in Cr. Revision No. 79 of 2013, affirming the order dated 11.9.2013 passed by S.D.J.M. in Misc. Case No. 2 of 2013 (Kandra P.S. Case No. 32 of 2013), whereby and where under prayer for release of three Trucks bearing nos. JH 05-AD - 5514, JH 05-AD - 0514 and JH 02-L - 0487 as well as three Hywas bearing nos. JH 05-AS - 2173, JH 05-AS - 2174 and JH 05-AS - 5213 and also two other vehicles bearing nos. JH 05-AT- 0628 and JH 05-AT - 0629 was rejected.

(3.) It is the case of the prosecution that on receiving secret information that some persons have indulged themselves in doing business of coal clandestinely, a raid was laid behind the hotel of Santosh Majhi, where 1600 MT of coal was found stored. There six trucks, two Pay-loaders and three Hywas were found standing over there. The coal was suspected to be the stolen one and at the same time, it was also suspected that some persons have indulged themselves in trading of coal illegally and for that a case was registered for commission of the offence under Sec. 414 of Indian Penal Code as well as for contravention of the provision of the Mines and Minerals (Development and Regulation) Act (for short MMDR Act) and Jharkhand Mineral Dealer's Rules, 2007. The trucks, Pay-loaders and also Hywas were seized.