SHARVAN KUMAR @ SARVAN KUMAR @ SHARWAN KUMAR, SON OF RAMASHISH SINGH, RESIDENT OF VILLAGE & PO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the revisional jurisdiction under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner has questioned the legality of the order dated 12.01.2016 passed by learned Additional Chief Judicial Magistrate, Ramgarh in G(f) Case no. 73 of 2012, whereby and where under, the application filed by the petitioner for release of his Truck bearing registration no. JH-02J-8935, has been rejected.

(2.) The prosecution case, in nutshell, is that the informant, who is a Forest Guard, intercepted the truck bearing registration no. JH-02J-8935 coming from Kujju Forest Area and found the truck loaded with Pora Coal in bags but the driver anyhow fled away. The vehicle, thereafter, was given in custody to Kujju Police Station.

(3.) The petitioner claiming himself to be the owner of seized vehicle filed a petition for release but the learned court below rejected the prayer on the ground of pendency of confiscation proceeding before competent authority. Hence, this revision.