- (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) PETITIONER is aggrieved by the order dated 16.5.2011, passed by Sri Sujit Kumar Singh, learned Judicial Magistrate, Hazaribagh, in connection with Ramgarh P.S. Case No.494 of 006, corresponding to G.R. Case No.3624 of 2006, whereby the application filed by the petitioner for release of the coal seized in connection with the said police case, has been rejected by the learned Court below. It appears that the police had apprehended one truck bearing registration No. HR 63 - 3666 loaded with about 22 Metric tons of the coal and the driver of the truck namely, Prakash Singh was also apprehended along with the truck. The driver disclosed that the one Satish Sao, was the owner of the truck and the case was instituted against both of them. It appears from the FIR that no document with respect to seized coal was produced by the driver and nothing was stated by the driver to show that the petitioner was the owner of the seized coal.
(3.) IT further appears from the impugned order that the driver of the truck confessed his guilt and the criminal case against him was disposed of setting off the period of custody already undergone by him, by order dated 5.6.2008. So far as the owner of the truck is concerned, he faced the trial and he was acquitted of the charge. During the pendency of the trial, nothing was brought on record to show that the petitioner was the owner of the seized coal. After conclusion of the trail, the petitioner claimed to be owner of the coal stating that he was the bona fide purchaser of the coal and was transporting the coal on the said truck and it was also submitted that the confiscation proceeding against the truck of the coal was dropped by the competent authority.;