MOHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the order dated 19.10.2016, passed by the learned Additional Chief Judicial Magistrate, Ramgarh in Mandu (W.B) P.S. Case No.124 of 2015/ 124/2015, by which application preferred by the petitioner for release of Tractor-cum Pay Loader bearing registration no. JH01AB-2262 has been rejected.

(3.) It has been submitted by the learned counsel for the petitioner that merely on anticipation of initiation of a confiscation proceeding, learned court below has refused to release the vehicle in favour of the petitioner. It has further been submitted that the application for release was filed on 10.2.2016 and on 19.10.2016 such application was rejected. It has also been submitted that till date the confiscation proceeding has not been initiated by the forest officials and merely a recommendation has been made for initiation of a confiscation proceeding.