MD. TAHIR KHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 22.09.2014 passed by the learned Chief Judicial Magistrate, Giridih in Bagodar P.S. Case No.77 of 2014 whereby and whereunder the petition filed by the petitioner for release of his truck bearing no. CG 15A9490 which was seized in connection with the aforesaid case, has been rejected holding that since confiscation proceeding is pending before competent authority, this court cannot release the seized vehicle.

(2.) Bereft of the unnecessary details, the fact which is relevant for the proper adjudication of the revision application, in short, is that after getting a secret information, the informant, S.I. Bagodar Police Station instituted the aforesaid case under Section 414 of the Indian Penal Code and Section 33 of the Indian Forest Act with the allegation that three trucks bearing nos. CG04JB5699, CG 15A9490 and NL01K7213 loaded with illegal mined coal were seized. Seeing the police party, the driver and Khalasi of the two trucks anyhow fled away but the driver and Khalasi of the truck no. CG04JB 5699 were caught and on enquiry they failed to produce any document relating to the coal loaded on the said truck. It appears that later on confiscation proceeding was initiated by the proper authority the District Forest Officer.

(3.) The present petitioner filed a petition for release of the seized truck claiming himself to be the owner of the said truck and the fact that the vehicle in question is a commercial vehicle and petitioner being transporter had given the truck on hire to M/s Ujiyar Coal Traders, Dehri, Rohtas to transport the coal purchased from Aman enterprises but on way the said truck was seized by the police. The court of learned Chief Judicial Magistrate after hearing the parties rejected the prayer for release by order impugned as indicated above.