KANHAIYA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State as well as learned counsel appearing for the intervener (wife of the deceased).

(2.) LEARNED counsel appearing for the petitioner summits that when one Suresh Singh was found murdered on 03.05.2007 at NH -33 near Aasanbani village, Chandil, a case was registered as Chandil P.S. Case No. 60 of 2007. Subsequently, a trailer bearing No. NL 01/A 9219, belonging to this petitioner, was taken into custody by the police of the Aamas Police Station, Gaya on 21.06.2007 and on the same day, another trailer belongs to this petitioner bearing no. AS -01 - L/6179 was taken into custody by Chandil Police Station, though the Police had no authority to seize those trailers as those trailers were never subject matter of any criminal case and, therefore, the petitioner had no option but to file an application for release of the trailers before the Chief Judicial Magistrate, Seraikella -Kharsawan, which application was dismissed on 11.12.2007 on the ground that the matter is still under investigation and being aggrieved with that the petitioner has filed this writ application.

(3.) LEARNED counsel appearing for the State submits that as per the counter affidavit, those trailers had never been seized in connection with any other criminal case.