SHIVCHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar Thakur, learned counsel appearing for the petitioner and Mr. Arun Kumar Pandey, learned A.P.P. for the State.

(2.) This application is directed against the order dated 21.05.2018 passed by the learned SDJM, Bermo at Tenughat in Bermo P. S. Case No. 144 of 2017 by which the release application preferred by the petitioner has been rejected.

(3.) On the allegation that a truck was illegally transporting twenty tons of coal Bermo P. S. Case No. 144 of 2017 was instituted. The petitioner claims himself to be the owner of the seized truck bearing Registration No. CG 04 JA 4387. The release application was preferred before the learned SDJM, Bermo at Tenughat which however was rejected on 21.05.2018, on a perusal of the report of the concerned police station wherein it has been stated that the recommendation has been made for initiation of a confiscation proceeding and the release application was rejected merely on there being recommendation made for initiation of a confiscation proceeding. Such futuristic action on the part of the investigating officer could not have weighed down the learned Magistrate while considering the release application preferred by the petitioner.