- (1.) THE petitioner has challenged the order dated 19.12.2014 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in G.R. Case No. 1959 of 2014 whereby and whereunder, the petition filed by the petitioner for release of the seized truck bearing no.CG -04 -JB -8426 has been rejected.
(2.) THE prosecution case, in nutshell, is that on 25.05.2014 after getting secret information, the police party seized two trucks bearing no. CG -04 -JB -8426 and NL -01G -8766 loaded with illegal coal. The driver of the truck bearing no. CG -04 -JB -8426 on enquiry disclosed that he is the drivercum -owner of the said truck and disclosed his name as petitioner. The drivers of both the trucks further disclosed that they loaded the coal from reserved forest area and also produced the documents regarding the coals.
(3.) IT appears from the record that the petitioner being driver -cum -owner of the aforesaid truck filed a petition before the learned Judicial Magistrate, 1st Class, Hazaribagh for its release, but the same was rejected on the ground that confiscation proceeding has already been initiated against the truck and the seized coal and investigation is in progress. It further appears that a report was called for from the concerned police station and the report of Investigating Officer is enclosed as Anneuxre -4 with the revision application and the I.O. has informed the Court that though the confiscation proceeding has been initiated but he has no objection, if the vehicle is released. Learned counsel appearing for the petitioner submitted that even if the confiscation proceeding has been initiated, at least, the truck in question may be released in favour of the petitioner on furnishing sufficient security, as it is a commercial vehicle and is under the custody of the respondent concerned since 25.05.2014. Learned counsel further submitted that petitioner is ready to face the confiscation proceeding and he will take all the points available under the law in the confiscation case but the vehicle being a commercial one, if not released, there is every apprehension that as the vehicle is kept in open space without adequate care and the vehicles are vulnerable to vagaries of nature, there will be a lot of damages and there is also apprehension that the parts of the vehicle will be removed. It was also submitted that confiscation proceeding has been initiated but no case number has been provided or disclosed by the prosecution.;