RAVI NATH VERMA, J. - (1.) THE two petitioner - Gulam Gaush and Md. Jasim have challenged the order dated 15.04.2015 passed by Smt. Kamla Kumari, learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Mandu P.S. Case No.123 of 2015 instituted under Sections 379/411/413/34 of the Indian Penal Code, Section 30 (ii) of Coal Mines Act, Section 33 of Indian Forest Act and Section 21 of M.M.R.D. Act whereby and whereunder the petition filed by the two petitioners for release of their trucks bearing no.JH -12C -9700 and W.B. -37C -1661 respectively, has been rejected.
(2.) THE prosecution case, in nutshell, is that at the instance of A.S.I., Mundrika Singh the aforesaid case was instituted on the allegation that on 18.03.2015 he received a confidential information that in the premise of M/s Maa Sherawali Hard Coke Pvt. Ltd Factory, Badgaon, illegally extracted coal from closed mines of C.C.L. have been stored, whereafter the informant alongwith police party raided the premise and seized the stock register the coal and other documents and also seized the above two empty trucks.
(3.) IT appears from the record that the petitioner no.1 being the owner of one of the truck bearing no.JH -12C -9700 filed the petition for release of his vehicle alongwith the another petitioner - Md. Jasim, who is claiming himself to be defacto owner of truck bearing registration no. W.B. -37C -1661 but the court below after hearing the parties rejected their prayer for release of their vehicles. Hence, this revision. Learned counsel appearing for the petitioners submitted that from bare perusal of the seizure list enclosed with the First Information Report, it would appear that though both the trucks were seized from the premises of M/s Maa Sherawali Hard Coke Pvt. Ltd Factory, Badgaon but nothing was loaded on those two trucks and they were found to be empty. It was also submitted that the petitioner no.1 is the owner of one truck and the petitioner no.2 is defacto owner of the vehicle on the basis of agreement between the real owner Shamsher Alam and petitioner no.2 but as the instalment of loan amount has not been cleared, the vehicle could not be transferred in his name. A photocopy of deed of agreement of sale between Shamsher Alam and petitioner no.2 Md. Jasim is enclosed with this revision application as Annexure -1. It was also submitted that both the vehicles are commercial vehicles they are lying in the campus of concerned police station in the open space without adequate care and the vehicles are vulnerable to vagaries of nature and there is also apprehension that the parts of the vehicle may be removed.;