SEO PRASAD GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vijay Shankar Prasad, learned counsel for the petitioner and Mr. Amresh Kumar, learned A.P.P. for the State.

(2.) This application is directed against the order dated 26.05.2007 passed by the learned Sessions Judge, Palamau in Criminal Revision No. 78 of 2006 by which the order of release 19.09.2006 passed by learned Judicial Magistrate in G.R. No. 1674 of 1988 was set aside.

(3.) It has been submitted by learned counsel for the petitioner that the petitioner is the rightful owner of 45 bags of Charcoal which was seized by the Forest Department. It has also been submitted that the petitioner has subsequently been acquitted in the criminal case. It has also been submitted that the money suit which was preferred by the petitioner was dismissed as being premature. Learned Sessions Judge could not have taken into consideration the fact that the ownership of the seized charcoal was never decided by a competent civil court. It has also been submitted that since the seized charcoal itself disappeared, as the Range Forest officer, who had seized the said Charcoal, subsequently retired without giving charge and later on expired, the amount in lieu of the said charcoal should be paid to the petitioner in view of the acquittal of the petitioner.