- (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the State.
(2.) THE petitioner is aggrieved by the order dated 14.12.2012 passed by Miss Divya Mishra, learned Judicial Magistrate 1st Class, Hazaribag, in G.R. No. 104 of 2012 / T.R. No. 2669 of 2012, whereby the application for release of the truck in question has been rejected by the Court below. It appears that a truck bearing Registration No. BR-02J-9109 was apprehended by the police loaded with illegal coal and the same was seized in the connection with the case. The documents have been brought on record to show that the confiscation proceeding was initiated with respect to the said truck but the same had been dropped. It appears that the petitioner claiming to be owner of the truck, filed application for release of the truck, but the Court below rejected the prayer of the petitioner, only stating that the said truck is a material evidence in the case.
(3.) FROM perusal of the impugned order, it appears that there is no finding by the Court below regarding the ownership of the truck. However, if the petitioner is found to be the registered owner of the truck and the documents of ownership of the truck in question of the petitioner are found to be genuine, in my considered view, there should not be any impediment in releasing the truck in question upon taking such undertaking/sureties/bonds from the petitioner, as may be deemed fit and proper in the case by the Court below for securing the production of the truck, if so required, including the undertaking that release of the truck shall not prejudice the case of the prosecution in any manner whatsoever.;