- (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the State.
(2.) THE petitioner is aggrieved by the order dated 29.6.2012 passed in Tatijharia P.S. Case No. 9 of 2012 corresponding to G.R. No. 671 of 2012 by Sri Sanjay Singh Yadav, learned Judicial Magistrate, 1st Class, Hazaribag, whereby the application for release of the liquor seized in connection with the case, was rejected by the court below. The FIR of Tatijharia P.S. Case No. 9 of 2012 shows that the vehicle loaded with foreign liquor was apprehended during transportation, but the driver of the vehicle could not produce the documents for the same. However, he informed the police that the liquor belonged to one Shravan Kumar, who had got the consignment loaded for transportation. The petitioner subsequently filed application for release of the liquor in question claiming himself to be the owner of the seized liquor, as the same were purchased from one M/s. Chandra Shekhar Jha, Hazaribag, on 4.3.2012. The petitioner also claimed to be the license holder and accordingly, he filed application for release of the liquor seized in connection with this case.
(3.) THE Court below has found that ownership of the property was doubtful, inasmuch as, the petitioner claimed to be the owner of the liquor, whereas at the time of lodging of FIR, the police was informed that the same belonged to one Shravan Kumar. The Court below also found that the petitioner was not made accused in this case and accordingly, the application filed by the petitioner for release of the liquor in question was rejected.;