LAWS(JHAR)-2015-4-128

KIRAN DEVI Vs. STATE OF JHARKHAND

Decided On April 27, 2015
KIRAN DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

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 5.2.2015 passed by learned Additional Chief Judicial Magistrate, Hazaribagh in Barhi (Padma) P.S. Case No. 331 of 2014, corresponding to G.R. Case No. 4400 of 2014, whereby and whereunder, the application filed by the petitioner for release of his Truck bearing registration No. BR-01-GA-7868 has been rejected. The prosecution case, in nutshell, is that on 11.11.2014 in course of evening patrolling, the informant received some confidential information and thereafter, the patrolling party apprehended two trucks bearing Truck No. BR-01-GA-7868 and Truck No. BR-02-M-4066 loaded with illegal stone-chips and on the basis of which, F.I.R. was lodged under Sections 414/420 of the Indian Penal Code, Sections 4(1)A and 21 of the Minor Mineral* (Development & Regulation) Act and also under Section 33 of the Indian Forest Act.

(2.) Learned counsel appearing for the petitioner submitted that petitioner being the owner of the Truck No. BR-01-GA-7868 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 vehicle in question cannot be released. This order was passed on the basis of a report received from the District Forest Officer-cum-Authorized Officer of Wild Life Division, Hazaribagh, wherein it was informed that confiscation proceeding has been initiated.

(3.) Learned A.P.P. for the State vehemently opposed the prayer and submitted that the order passed by the court below needs no interference as the confiscation proceeding of the vehicle and the seized material has been initiated.