- (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) THE petitioner is aggrieved by the order dated 19.12.2012 passed by Sri Kankan Pattadar, learned Judicial Magistrate, 1st class, Dhanbad, in Misc. Case No. 1 of 2012, whereby, the application filed by the petitioner for release of the coal seized from his premises in connection with Nirsa P.S Case No. 8 of 2006 has been rejected by the Court below. It appears that the petitioner being the owner of M/s Maa Kalyaneshwari Industries Refectory, has been made accused in Nirsa P.S Case No. 8 of 2006 corresponding to G.R No. 68 of 2006, on the allegation that on the date of occurrence i.e., on 6.1.2006, six tones of coal which were allegedly stolen, were recovered from the factory of the petitioner. The case was instituted only for the offence under Sections 414/ 34 of the Indian Penal Code and the recovered coal were seized.
(3.) IT appears that the petitioner had faced the trial for the offence under Sections 414/ 34 of the Indian Penal Code and Section 21 (1) M.M. Act and the petitioner was acquitted after trial by the Judgment dated 21st June 2012, passed by Sri Kankan Pattadar, learned Judicial Magistrate, 1st class, Dhanbad, in G.R No. 68 of 2006 / T.R No. 258 of 2012.;