MUKESH KUMAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2010-9-95
HIGH COURT OF JHARKHAND
Decided on September 22,2010

MUKESH KUMAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

JAYA ROY,J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) PETITIONER has filed this revision application against the order dated 2-7-2010 passed by the C.J.M. Dhanbad, in Tundi P.S. Case No. 18 of 2010/ G.R. Case No. 1287 of 2010 whereby the petitioners prayer for release of seized coal comprising of 74 Tons Raw coal and 45 Tons Soft coke, one old generator (5KVA), one old pumping set (5HP), one weighing machine, 5 Belcha and 5 Kanta Bellcha has been rejected. The learned counsel appearing for the petitioner Mr. Rajan Raj submits that the petitioner is Lessee of M/s Adarsh Fuel Industries situated at Asurbandh P.S. Tundi, Dist. Dhan-bad and used to carry the said Industries by purchasing coal from authorised coal dealers and from coal company and the industry of the petitioner is authorised to manufacture soft coke, Slurry, Brigetts coke etc and the industry is registered from D.I.C. Dhanbad. It is further submitted that on 7-4-2010 the informant-police party including the O/C Incharge of Bhuli O.P. conducted a raid in the factory of the petitioner without any theft report or without any cogent material and seized the raw coal as well as soft coke and other Articles of the factory and prepared the seizure list.
(3.) LEARNED counsel of the petitioner has further submitted that the petitioner is having all the papers regarding the purchase of coal vide challans weighment slip etc. and the factory of the petitioner also used to maintain stock register, purchase register, sale register and the factory of the petitioner is also equipped with lease, registration of C.S.T, J.S.T, Pollution certificate etc. and the petitioner Industry is also authorised to lift coal from coal company under linkage facility. But without considering the aforesaid documents of the petitioner, the informant-police party seized the aforesaid Articles and lodged the present case.;


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