Supreme CourtDivision Bench

Arjun Prasad vs State Of Jharkhand & Anr

Supreme Court Of India · Decided on 18 February 2019 · Citation: (2019) 02 SC CK 0337

HON’BLE JUDGES
S.A. Bobde, J · Deepak Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 291 Of 2019
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Judgment

4 paragraphs · 122 words

Leave granted.

Having regard to the circumstances of the case, it is clear that the truck in question could not have been directed to be seized since there is no evidence that it was used in the commission of the offence of murder.

Merely because there were rival claims about the ownership of the truck; that does not warrant the seizure of the truck.

We, accordingly, allow this appeal, set aside the impugned order passed by the High Court as also the order passed by the learned Judicial Magistrate, 1st Class, Simdega, Jharkhand, and direct that the truck in question be released on Sapurdari to its registered owner on such terms and conditions that the trial court may feel fit  to impose.