- (1.) Heard the learned counsel for the petitioner as well as the State. Perused the papers.
(2.) The present petition is filed under Article 226 of the Constitution of India interalia praying that the order dated 29.3.2010 passed by the Learned Sub- Divisional Judicial Magistrate, Porahat at Chaibasa in Manoharpur P.S. Case No. 01 of 2010 corresponding to G.R. No. 08 of 2010 whereby the learned said court has rejected the application filed under section 457 Cr.P.C for release of the petitioner's vehicle bearing registration No. JHO6C 5126 on the erroneous ground that with regard to the said vehicle confiscation proceeding has been started under section 52(3) of the Forest Act.
(3.) The learned counsel appearing for the petitioner has invited the attention to the observation made in paragraph-3 of the said order wherein the learned SDJM observed on the basis of the letter dated 19th March, 2010 that the confiscation proceeding has been initiated. The learned counsel also invited the attention of the said letter which is annexed with this petition as annexure-5 to show that contents of the said letter indicates otherwise and therefore, the learned SDJM has committed error by passing the said order.;