- (1.) HEARD learned counsel for the petitioners and the learned counsel for the State. This application has been filed for quashing of the order dated 01/09/2012, passed by the then Judicial Magistrate, 1st Class, Dhanbad in Putkin P.S. Case No. 75/2011, wherein the prayer for release of 8 Hywa vehicles, has been rejected. It is the case of the prosecution that when information was received by Officer Incharge, Putki Police Station, that 8 Hywa vehicles of Ujjal Transport Agency/Outsourcing Company, belonging to these two petitioners, are being used in mining operation with same registration numbers. The Officer Incharge came to the spot and found three vehicles were having the same registration numbers, whereas another three vehicles were having another same numbers and two Hywa Dumpers, which were lying in the premises of the Company, were having the same registration numbers. The petitioners were asked to submit documents relating to it, which were submitted and the same were sent before the District Transport Officer, Dhanbad for its verification. On verification, it was reported that not a single vehicle has been registered from this office and the taxes, with respect to these 8 vehicles, are also not being paid in the office. On such allegation, the case was registered under Section 420 of the Indian Penal Code and also under Section 192/192 A of the Motor Vehicle Act, and all the vehicles were seized. Subsequently, an application was filed for its release, which was rejected vide order dated 01/09/2012, on the ground that the investigation is going on. That order is under challenge.
(2.) MR . Anil Kumar, learned counsel appearing for the petitioners submits that before lodgment of the case, the Officer Incharge, Putki police station has sent the documents, submitted by the petitioners relating to all those 8 Hywa vehicles, to a wrong place before the District Transport Office, Dhanbad, who has nothing to do with the registration of those vehicles as those vehicles had been registered at Asansol (West Bengal). During investigation, when the documents were sent before the concerned office at Asansol, all the documents, submitted by the petitioners with respect to those 8 Hywa vehicles, were found to the genuine, which fact has been stated in the counter affidavit and in such situation, the vehicles, which are lying idle in the premises be released. As against this, learned counsel appearing for the State submits that though on verification, the documents, relating to all the vehicles, were found to be genuine but the fact is that three vehicles were being used with the same registration numbers and another set of three vehicles were also being used with the same registration numbers and that apart two vehicles were being used with the same registration numbers. Having heard the learned counsel appearing for the parties, it does appear that the documents, relating to all those 8 Hywa vehicles, have admittedly, been found to be genuine. In such situation, the order dated 01/09/2012, passed by the Court concerned, is hereby set aside. Consequently, let all those 8 Hywa vehicles bearing registration nos. WB37C1962, WB37C2491, WB37C1796, WB37C1793, WB37C2484 , WB37C2488, WB37B3085 and WB19D3946, be released in favour of these petitioners, who are the owners of the vehicles, on furnishing bonds of Rs. 10,00,000/ (ten lakhs) each with one sureties of the like amount each for cost of the the vehicles and on giving undertaking that whenever the vehicles would be required by the Court, the same would be produced.;