GULAM GAUSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE two petitioner - Gulam Gaush and Md. Jasim have challenged the order dated 15.04.2015 passed by Smt. Kamla Kumari, learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Mandu P.S. Case No.123 of 2015 instituted under Sections 379/411/413/34 of the Indian Penal Code, Section 30 (ii) of Coal Mines Act, Section 33 of Indian Forest Act and Section 21 of M.M.R.D. Act whereby and whereunder the petition filed by the two petitioners for release of their trucks bearing no.JH -12C -9700 and W.B. -37C -1661 respectively, has been rejected.

(2.) THE prosecution case, in nutshell, is that at the instance of A.S.I., Mundrika Singh the aforesaid case was instituted on the allegation that on 18.03.2015 he received a confidential information that in the premise of M/s Maa Sherawali Hard Coke Pvt. Ltd Factory, Badgaon, illegally extracted coal from closed mines of C.C.L. have been stored, whereafter the informant alongwith police party raided the premise and seized the stock register the coal and other documents and also seized the above two empty trucks.

(3.) IT appears from the record that the petitioner no.1 being the owner of one of the truck bearing no.JH -12C -9700 filed the petition for release of his vehicle alongwith the another petitioner - Md. Jasim, who is claiming himself to be defacto owner of truck bearing registration no. W.B. -37C -1661 but the court below after hearing the parties rejected their prayer for release of their vehicles. Hence, this revision.