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Judgment
9 paragraphs · 284 wordsAnil Kumar Choudhary, J
Heard the parties.
This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 02.04.2024 in Misc. Cr. Application No. 338 of 2024 passed by the learned Chief Judicial Magistrate, Bokaro whereby and where under, the learned Chief Judicial Magistrate, Bokaro has rejected the petition filed by the petitioner for release of the seized coal on the ground that the same is not maintainable as the I.O. of the case has sent an application for initiation of the confiscation proceeding.
It is submitted by the learned counsel for the petitioner by drawing attention of this Court to the supplementary affidavit dated 10.06.2024 that as yet no confiscation proceeding has been initiated.
Learned Special Public Prosecutor appearing for the State does not dispute this contention of the petitioner.
Considering the aforesaid facts that no confiscation proceeding has been initiated as yet, this Court is of the considered view that the impugned order dated 02.04.2024 in Misc. Cr. Application No. 338 of 2024 passed by the learned Chief Judicial Magistrate, Bokaro; to the effect that the petitioner for release is not maintainable, because of pendency of confiscation proceeding, is not sustainable in law.
According the order dated 02.04.2024 in Misc. Cr. Application No. 338 of 2024 passed by the learned Chief Judicial Magistrate, Bokaro is quashed and set aside.
Learned Chief Judicial Magistrate, Bokaro is directed to pass a fresh order on the merits of the case in accordance with law; considering that no confiscation proceeding has been initiated as yet.
In the result, this criminal miscellaneous petition is allowed.