NAGESHWAR RAM @ NAGO RAM, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 18.05.2015 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in Barkagaon P.S. Case no. 33 of 2015, corresponding to G.R. Case no. 577 of 2015, whereby and whereunder, the application filed by the petitioner for release of his Tractor bearing registration no. JH-02AF-2026 and Trailer No. JH-02AF-7212 has been rejected.

(2.) The prosecution case, in nutshell, is that on 07.02.2015, the informant on the direction of the senior police officer reached Lutwa Pahar and found illegal coal being loaded on a tractor and on seeing the police party, the labour and driver fled away. On search, about one quintal raw coal was found on the said tractor along with trailer whereafter both were seized and with that allegation, F.I.R. was lodged under Sections 379/413/34 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 Tractor bearing registration no. JH-02AF- 2026 and Trailer No. JH-02AF-7212 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 concerned police station wherein the proceeding of confiscation has been said to have been initiated before the authority of Forest Department. 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.