SONY MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 20.12.2008 passed by learned Sessions Judge, Bokaro in Cr. Rev. No. 121 of 2008, whereby learned Sessions Judge affirmed the order dated 25.6.2008 passed by learned A.C.J.M., Bermo at Tenughat in connection with Chandrapura P.S. Case No. 23 of 2008, whereby the A.C.J.M., Bermo at Tenughat refused to release 19.550 M.T. coal in favour of M/s Durga Coke Company.

(2.) LEARNED counsel appearing for the petitioner submits that a truck bearing No. JH -12B -5400 while was carrying coal,' it was intercepted by the C.I.S.F. on the pretext of carrying more coal than permissible and then referred the matter before Chandrapura Police Station. The police on verification, found the coal being excess than the permissible limit and thereby lodged the case as Chandrapura P.S. Case No. 23 of 2008 under Sections 420/4671 468/471/34 of the Indian Penal Code on the allegation that the coal was being carried under the forged documents and consequently seized 19.550 M.T. of coal but in fact, coal was being carried under the genuine documents and, therefore, an application for release of coal was filed before the A.C.J.M., Berma at Tenughat. Upon it, learned A.C.J.M. called for a report from the concerned police station about the genuinity of the documents under which coal was being carried. The I.O. having enquired into the matter relating to genuinity of the documents, did find the, documents to be genuine and accordingly, reported the matter vide Annexure -2/1 to learned A.C.J.M., Bermo at Tenughat, but still the learned Magistrate refused to release the coal on the ground that the matter is under investigation.

(3.) HAVING heard counsel for the parties, .it does appear that coal was seized suspecting it being carried under the forged documents, but subsequently on enquiry, it was found by the I.O. that the documents under which coal was being carried, were genuine and under this situation there is no justification to allow the coal to be kept at the police station. Accordingly, orders passed by the courts below, refusing to release the coal in favour of the Company, namely, M/s Durga Coke Company, are hereby set aside. Consequently, let coal be released in favour of the said Company on executing bond of Rs. 35,000/ - with one surety of like amount.