SARJU SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction for release of Truck No. BRL -5420 which was confiscated in Confiscation Case No. 27 of 2001 and further prays for issuance of an appropriate writ, order or direction for quashing the order dated 24.3.2003 (Annexure -3) passed by Respondent No.4 in Confiscation Appeal No. 15 of 2002 and order dated 25.2.2002 (Annexure -2) passed by Respondent No.3 in Confiscation Case No. 27 of 2001.

(2.) THE main contention raised by Sri V. Shivnath, learned Sr. Counsel appearing for the petitioner is as to whether the respondents had any jurisdiction to confiscate the truck no. BRL -5420 belonging to the petitioner which was plying on road under valid permit. It has also been contended that there is no evidence/complaint of illegal extraction of coal from forest area when the truck in question was loaded at Karma Project on 12.3.2001. The petitioner has also filed a supplementary affidavit pointing out that the driver namely Munna Ojha and cleaner namely Mahesh Yadav of the truck have already been acquitted in G.R. Case No. 632/2001 corresponding to Sadar Hazaribagh P.S. Case No. 180/2001 vide order dated 29.1.2004 passed by the learned Judicial Magistrate, 1 st Class, Hazaribagh and in the said order the learned Magistrate has observed that no prosecution witness has been able to prove the excess loaded coal in said truck being Reg. No. BRL 5420 and it also transpired that the coal was loaded with valid papers and there was no evidence/ document to show that the seized truck was weighed at any weigh -bridge for excess loading coal. The petitioner further submits that almost four years have elapsed from the date of seizure of truck and no charge -sheet even has been submitted against the owner of the truck in the said criminal case. The truck is getting damaged due to illegal seizure and kept in open place of Sadar Muffasil P.S. - Hazaribagh.

(3.) I have considered the rival submission and the pleadings. It appears that there is neither any finding nor any basis to suggest that the owner of the truck in question, petitioner herein, was a party to illegal extraction of coal from the forest ~re~ nor there is any such allegation to Justify the knowledge or the connivance of the petitioner in loading of the coal on 12.3.2001 when the truck was seized. The order passed by the learned Judicial Magistrate, 1st Class, Hazaribagh vide which the other accused persons i.e. the driver and cleaner of the said truck have been acquitted, an observation has also been made that the prosecution was not able to prove the alleged excess loading of coal in the said truck and also observed that the coal was loaded with valid papers.