HETAMSARIA PLASTICS PRIVATE LIMITE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Das, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 30/5/2022 passed by the learned Judicial Magistrate, 1st Class at Jamshedpur in G.R. No.304 of 2022 arising out of Potka P.S. Case No.63 of 2021, whereby, the application filed by the petitioner for release of four vehicles bearing registration nos. JH01DV-3396, JH01CT-6429, JH01CT-2529 and JH01DQ-1518 along with coal has been rejected, pending in the court of the learned Judicial Magistrate, 1st Class at Jamshedpur.

(3.) Mr. Amit Kumar Das, learned counsel for the petitioner submits that the petitioner is the Director of the firm namely M/s. Hetamsaria Plastics Private Limited and the vehicles in question have been registered in the name of the firm. He further submits that the vehicles were given on hire to a transport contractor of M/s Rungta Mines Limited namely Maa Kali Associates Private Limited, which was executing the contract of transportation of coal for M/s Rungta Mines Limited. The agreement has been annexed at Annexure-2 of the petition. He also submits that the coal was procured by M/s Rungta Mines Limited for its Chaliyama Steel Plant, located at Keshargaria, Rajnagar, District- Seraikella-Kharsawan from South Africa. The bill of entry summary issued by Indian Customs has been annexed at Annexure-3 of the petition. The coal was thereafter transported from Odisha to Jamshedpur through Rail. The e-way bill has been annexed at Annexure-4 of the petition. He further submits that the vehicles are lying in open and are being deteriorated day by day.