Ravi Nath Verma, J. - (1.)The petitioner has questioned the Legality of the order dated 26.5.2015 passed by learned Additional Chief Judicial Magistrate, Hazaribagh in Barhi (Padma) P.S. Case No. 318 of 2014, corresponding to G.R. Case No. 4318 of 2014, whereby and whereunder, the application filed by the petitioner for release of his Truck bearing registration No. JH02P 8665 has been rejected. The prosecution case, in nutshell, is that on 25.10.2014 in course of patrolling, the informant received some confidential information that two trucks loaded with illegal stone chips are coming towards Romi bridge, the patrolling party reached there and apprehended two trucks bearing Truck No. BPA 7143 and Truck No. JH02P 8665 loaded with illegal stone chips and on enquiry, the apprehended person Ramdeo Yadav, the driver of one of the vehicle, failed to produce any document relating to stone chips and disclosed the name of Sarju Prasad (the petitioner) as owner of the vehicle. Another apprehended driver Mohan Prasad also failed to produce any document and disclosed that one Ram Briksha Prasad is the owner of one of the apprehended truck. On the basis of self statement of the informant, F.I.R. was lodged under Ss. 414/420 of the Indian Penal Code, Ss. 4(1) A and 21 of the Minor Mineral (Development and Regulation) Act and also under Sec. 33 of the Indian Forest Act.
(2.)Learned Counsel appearing for the petitioner submitted that petitioner being the owner of the Truck No. JH02P 8665 filed an application in the Court concerned for its release as it was a commercial vehicle but his prayer has been rejected by the Court below holding that since the confiscation proceeding has been initiated, the vehicles in question cannot be released. This order was passed on the basis of a report received from the Sub -Divisional Forest Officer -cum -Authorised Officer of Wild Life Division, Hazaribag wherein it was informed that confiscation proceeding has been initiated. It was also submitted that prior to this, the petitioner had no knowledge of initiation of any confiscation proceeding. It was also submitted that the vehicle in question being a commercial vehicle is lying in open space and there is every apprehension that due to weathering effect, the vehicle by efflux of time will be converted into garbage. Hence, prayer is to release the vehicle.
(3.)Learned A.P.P. for the State vehemently opposed the prayer and submitted that the order passed by the court below needs no interference as the confiscation proceeding of the vehicle and the seized material has already been initiated.