ABDUS SALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) LEARNED counsel appearing for the petitioner submits that a truck, bearing no.JH -02H -7737 when was found carrying coal, a case was registered as Sadar P.S.case no.85 of 2008 under sections 414/120B of the Indian Penal Code and also under section33 of the Indian Forest Act as well as under section 30(ii) of the M.M.R.D. Act on the allegation that said coal which was being carried had been extracted from the forest area but as the coal was never extracted from the forest area, petition for release of the vehicle was filed by the petitioner, being owner of the vehicle before the Chief Judicial Magistrate, Hazaribagh and on receiving the application, Chief Judicial Magistrate, Hazaribagh called for a report from the Divisional Forest Officer, Hazaribagh as to whether any confiscation proceeding has been initiated or not. Thereupon, a report was submitted wherein it was stated that they are contemplating to initiate confiscation proceeding and as such it was evident that confiscation proceeding had not been initiated and there the learned court after taking into consideration that fact and also merit of the case passed an order on 4.3.2008 whereby concerned police officer was directed to release the vehicle in favour of the petitioner on furnishing bond of Rs.9 lacs with one surety of the like amount but the concerned police officer in utter disregard of the order did not release the vehicle in favour of the petitioner, rather he asked the concerned Divisional Forest Officer to initiate confiscation proceeding and when confiscation proceeding was initiated, vide Confiscation Case No.8 of 2008 the concerned police officer refused to release the vehicle in favour of the petitioner.

(3.) HAVING heard counsel for the parties it appears that when the order was passed by the Chief Judicial Magistrate, Hazaribagh for release of the vehicle in favour of the petitioner admittedly confiscation proceeding had not been initiated, still the concerned police officer did not release the vehicle which act of the police officer is not only illegal, rather it smacks arbitrariness as the police officer is not supposed to sit over the order passed by the learned Magistrate relating to release of the truck in question.