Prakash Tatia, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has challenged the order dated 13th March, 2012 passed by Addl. Chief Judicial Magistrate In-charge, Hazaribagh rejecting the petitioner's application for release of 1000 MT steam coal which was seized in connection with Mandu P.S. Case No. 276 of 2011 corresponding to G.R. No. 3501 of 2011 under Sections 414,420,379,201 and 120B of the Indian Penal Code and Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act.
(3.) Learned counsel for the petitioner submitted that in total 5000 M.T of the said coal was seized in a criminal case and it was kept in the factory premises itself. It has been alleged that 1000 M.T of the said coal has been removed by the present accused-petitioner. Finding this another F.I.R was registered wherein this application for release was submitted. According to learned counsel for the petitioner, the confiscation proceeding was initiated to confiscate the 5000 M.T of the coal but the Confiscating Authority by detailed reasoned order has already dropped proceedings for confiscation vide order dated 17.5.2012. It is submitted that in view of that event 2393.29 M.T of coal out of 5000 M.T coal was ordered to be released by this Court vide order dated 28th August, 2012 in Cr. Revision No. 429 of 2012. It is submitted that in view of the dropping of the proceeding of confiscation as well as in view of the order of release of 2393.29 M.T of coal vide order dated 28th August, 2012, coal in question now be released and the learned Addl. Chief Judicial Magistrate committed error in not releasing the coal. It is also submitted that in the petition however, case no. has been mentioned as "Mandu P.S. Case No. 276 of 2011" whereas the correct title of case number is Mandu (West Bengal) P.S. Case No. 276 of 2011.;