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2025 DAILYLAW 3667 (JHR)

RAJENDRA PRASAD BERA v. THE STATE OF JHARKHAND

Cr.Rev./221/2025 · 2025-03-06

Sanjay Prasad

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 221 of 2025 ------ Rajendra Prasad Bera ……Petitioner Versus The State of Jharkhand ....…Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Preetam Mandal, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P ------ ORAL ORDER IN COURT Order No: 02/ Dated: 06.03.2025 This Criminal Revision Application has been filed on behalf of the petitioner by challenging the order dated 20.11.2024 passed by learned A.C.J.M, Ghatsila in connection with Baharagora P.S Case No. 60 of 2024 by which the prayer made by the petitioner for release of his vehicle bearing Registration No. WB-29C/3126 has been rejected. 2. As per the F.I.R, it is alleged that the vehicle of the petitioner was intercepted by the police which was carrying 900 CF sand. It is alleged that the petitioner had failed to produce any supporting papers in support of the same. 3. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. 4. Learned counsel for the petitioner has submitted that the impugned order dated 20.11.2024 passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is the valid owner of the vehicle in question and has got relevant documents. It is submitted that I.O has also submitted the report in favour of release of the vehicle of the petitioner in question. 2 However, the learned Court below has rejected the prayer of the petitioner for release of his vehicle on the ground that confiscation proceeding has been initiated and hence, the impugned order may be set aside and a report may be called from the I.O. 4. On the other hand, learned Spl.P.P has submitted that the impugned order passed by the learned Court below is fit and proper and no interference is required. It is submitted that confiscation proceeding has been initiated on 06.11.2024 in respect of the vehicle in question and as such, this Criminal Revision is not maintainable at this stage. 5. Perused the F.I.R and impugned order passed by the learned Court below. 6. It appears that Truck of the petitioner was intercepted by the police for carrying 900 CF sand without having any valid papers. 7. It appears from the letter dated 10.11.2024 submitted by S.I-cum-I.O before the learned A.C.J.M, Ghatsila, East Singhbhum that he has shown no objection if the vehicle is released in favour of the vehicle owner. 8. However, from perusal of the impugned order dated 20.11.2024 passed by the learned Court below, it appears that Confiscation proceeding has been initiated by the authority concerned vide Miscellaneous Confiscation Case No. 01/2024 on 06.11.2024 against the seized vehicle i.e. Truck bearing Registration No. WB-29C/3126 and the petitioner has been directed to file show-cause to the notice issued upon him. 9. In this view of the matter, this Court is of the view that no 3 interference is required to interfere with the impugned order at this stage. 10. Accordingly, this Cr. Revision No. 221 of 2025 is hereby dismissed. 11. However, the petitioner is directed to appear before the Confiscating Authority at once and the authority concerned shall dispose of the claim of the petitioner by giving him full opportunity of hearing within a period of three (03) months from the date of receipt of the copy of this order. 12. Thus, this Cr. Revision No. 221 of 2025 is dismissed with the direction and observation mentioned above. (Sanjay Prasad, J.) Avinash/ N.A.F.R