AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE order dated 04.10.2004, passed by the learned Chief Judicial Magistrate Dhanbad is under challenge in this application by the petitioner, whereby the learned Chief Judicial Magistrate rejected the petition of the petitioner for release of the cash amounting to Rs. 84,955/ - and the Iron -scraps materials seized in connection with Jharia P.S. Case No. 306 of 2004 registered under Sections 413, 414 and 34, IPC. It is not disputed that Police after completion of investigation submitted chargesheet in the said case. It is also not disputed that the seizure was made from the premises of M/s. Ashok Enterprises, of which the petitioner is the owner. It was submitted on behalf of the petitioner that in view of the fact that he is the owner of the aforesaid seized articles and since the papers regarding the Iron -scrap have been found by the Police to be genuine and, therefore, the Court below has wrongly rejected the prayer for release.
(3.) FROM the impugned order of the learned C.J.M., it appears that in course of investigation, huge quantity of Railway property/iron scraps together with cash of Rs. 84,955 was recovered from the godown of this petitioner. The investigation further revealed that in the garb of original paper/ license, illegal dealing of stolen iron scraps/ Railway property was being carried out. The Police Report contained in Annexure -3 of this application, which has been relied on by the petitioner, itself speaks that in the garb of valid license, the accused persons were carrying on illegal trade of iron -scraps.;