ANGESH SINGH @ ANGESH KUMAR SINGH, SON OF KAMAKHYA SINGH, RESIDENT OF CHATTAR MANDU, PO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 15.05.2015 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in Gola P.S. Case no. 21 of 2015, corresponding to G.R. Case no. 786 of 2015, whereby and where under, the application filed by the petitioner for release of his Truck bearing registration no. JH-02C-8704 has been rejected.

(2.) The prosecution case, in nutshell, is that on 22.02.2015, the informant after receiving confidential information intercepted one TATA truck 407 bearing no. JH-02C-8704 loaded with illegal coal, which is alleged to have been excavated from the forest area. On search, the truck was found to be loaded with about five ton steam coal and on the basis of which, F.I.R. was lodged under Sections 414 of the Indian Penal Code, 1860 Sec. 30(ii) of Coal Mines Act and also under Sec. 33 of the Indian Forest Act.

(3.) Learned counsel appearing for the petitioner submitted that petitioner being the owner of the Truck bearing registration no. JH-02C- 8704 filed an application in the court concerned for its release as it was a commercial vehicle but his prayer has been rejected by the court below holding that since the confiscation proceeding has been initiated, the vehicles in question cannot be released. This order was passed on the basis of a report received from Authorised Officer-cum-Divisional Forest Officer, Ramgarh Forest Division wherein it was informed that confiscation proceeding has been initiated. It was also submitted that prior to this, the petitioner had no knowledge of initiation of any confiscation proceeding. It was also submitted that the vehicle in question being a commercial vehicle is lying in open space and there is every apprehension that due to weathering effect, the vehicle by efflux of time will be converted into garbage. Hence, prayer is to release the vehicle.