MAHESH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the State.

(2.) LEARNED Counsel appearing for the petitioner submits that earlier this petitioner had moved before Court vide Cr.M.P. No. 710 of 2007 for release of the Truck bearing Registration No. JH -02F 1906, which had been seized in connection with Simaria P.S. Case No. 106 of 2006 as the prayer for release of the Truck had been refused by the learned Magistrate and even by the Revisional court.

(3.) PURSUANT to that order, the petitioner did file an application before the Confiscating Authority, taking a plea that the seizure of the truck is illegal as there had been no violation of any of the order issued under Section 3 of the Essential Commodities Act and in support of his submission, even the decision of the Hon'ble Supreme Court in the case of Kailash Prasd Yadav (supra) was filed. However, when no order was passed the petitioner filed instant application for release of the truck. While the matter was pending before this Court, the Confiscating Authority -Opposite Party No. 2 rejected the plea of the petitioner for the reasons that the petitioner failed to produce a copy of the said decision before him and, thereby prayer for release of the truck has also been rejected, which order was challenged before this Court by way of filing Interlocutory Application.