D.K. Sinha, J. - (1.) The present Criminal Revision Application is directed against the order impugned dated 14.7.2006 passed by the CJM. Seraikella in G.R No. 751 /05 arising out of Adityapur P.S. Case No. 237/05 whereby and where under the petition filed by the petitioner under Section 457 of the Code of Criminal Procedure for the release of the truck bearing registration No. BR1 3B/4899 allegedly involved for an offence punishable under Section 420/468/ 120-B, IPC read with Section 7 of the Essential Commodities Act was refused as rejected.
(2.) The brief fact of the case is that the truck in question was intercepted by the prosecution party on suspicion, which was carrying 99 bags of wheat marked with Food Corporation of India. The bags were found loaded on the truck and since some wheat were scattered on the carrier of the truck it was presumed that the said 99 bags of wheat of FCI were carried illegally by the said truck to which no document was produced.
(3.) The prayer of the petitioner for the release of the said truck under Section 457, Cr PC was refused by the CJM, Seraikela on the report received from the Deputy Commissioner - cum-Confiscation Officer under Essential Commodities Act that a confiscation proceeding of the truck in question was initiated vide Confiscation Case No. 97/2005-06.;