DEVENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision has been preferred under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code") against the order dated 29.05.2015 passed by learned SubDivisional Judicial Magistrate, Hazaribagh in Ramgarh P.S. Case no. 115 of 2015, corresponding to G.R. Case no. 1588 of 2015, whereby and whereunder, the application filed by the petitioner for release of his Truck bearing registration no. JH-02F-7761 has been rejected.

(2.) The prosecution case, in nutshell, is that on 12.04.2015 in course of patrolling, the informant received information from one Deputy Superintended of Police (trainee) and other police personnel that illegal coal is being loaded on a Truck bearing no. JH-02F-7761 at the kiln of one Angesh Singh and thereafter, the patrolling party reached there and apprehended the aforesaid truck loaded with 15 ton steam coal and on the basis of which, F.I.R. was lodged under Sections 414/34 of the Indian Penal Code, Section 30(ii) of Coal Mines Act and also under Section 33 of the Indian Forest Act.

(3.) Learned counsel appearing for the petitioner submitted that petitioner being the owner of the Truck No. JH-02F-7761 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 the Divisional Forest Officer, Ramgarh wherein it was informed that confiscation proceeding has been initiated. It was also submitted that earlier the petitioner had no knowledge of initiation of any confiscation proceeding and only after the order impugned was passed, the petitioner came to know of the pendency of the confiscation case.