MAHESH PRASAD, SON OF RAM JATAN YADAV RESIDENT OF VILLAGE GOVINDPUR, P.O. AND P.S. MANDU, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has questioned the legality of the order dated 20.03.2015 passed by Shri B. Bhagat, learned Judicial Magistrate, 1st Class, Chatra in connection with Piparwar P.S. Case No.36 of 2014 instituted under Sections 379/411/34 of the Indian Penal Code whereby and whereunder the petition filed by the petitioner for release of his vehicle, has been rejected.

(2.) The prosecution case, which is based on the self-statement of S.I., Piparwar Police Station, in short, is that after getting some confidential information, he alongwith Police Officers visited Padaria forest at 5 a.m. and found some persons loading coal on two trucks bearing registration nos.JH-02L-1568 and JH-02N-2595. After seeing the police party, the persons loading coal tried to flee away but one person was apprehended, who disclosed his name as Suraj Kumar Singh and further disclosed that he is the driver of one of the vehicle JH-02L-1568 and also disclosed the name of another accused Bablu Khan but failed to disclose the name of another driver and owner of another vehicle. It is also alleged that 5 tones of coal was found to be loaded on each truck and almost 50 tones of coal was found to be stored there but on demand, no paper was produced. Whereafter, seizure list was prepared.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner who is the owner of the vehicle has also been made accused in this case though the petitioner is innocent and has no connection with the alleged theft of coal. Learned counsel further submitted that the vehicle in question being a commercial vehicle was given to the driver and for his own gain, the driver had committed alleged offence and when the vehicle did not return his house he enquired and found that the same has been seized in the present case. It was also submitted that no purpose would be served by keeping the vehicle in question in open space in Thana premise rather due to weathering effect there will be a lot of damages and there is also apprehension that the parts of vehicle will be removed.