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Judgment
7 paragraphs · 395 wordsR.R. Prasad
Heard learned counsel appearing for the petitioner and learned counsel appearing for the State
Learned counsel appearing for the petitioner submits that when a truck bearing no.UP-63H-9467 was found carrying coal weighing 3900 kg. excess of the permissible limit to be carried, a case was registered as Kenduadih P.S case no.31 of 2011 under Sections 379 and 411 of the Indian Penal Code against the driver as well as khalasi of the truck. After completion of the investigation, charge sheet was submitted only against the driver and the khalasi. Even then, when an application was filed by the owner of the truck for release of the truck in his favour, that application was rejected, vide order dated 7.5.2011. When revision application was preferred against that order, that revision application also got dismissed on 25.6.2011 and both the orders have been challenged in this application filed u/s 482 of the Code of Criminal Procedure.
Having heard learned counsel appearing for the parties and on perusal of the record, I do find that the case was registered against the driver and khalasi of the truck as certain amount of coal was found excess than the permissible limit of carriage but the petitioner, who happens to be owner of the vehicle has never been made accused nor charge sheet has been submitted against him. Under this situation, no fruitful result would come out by allowing the truck to be kept in custody of the police that too in the open space subjecting it to climatic vagaries.
Under this situation, both the orders passed by the Judicial Magistrate, 1st class, Dhanbad as well as the revisional court are hereby set aside.
In the result, the truck bearing no. UP-63H-9467, which was seized in connection with Kenduadih P.S case no.31 of 2011 corresponding to G.R. No. 972 of 2011, pending in the court of Judicial Magistrate, 1st Class, Dhanbad, is directed to be released in favour of the petitioner on furnishing bond of Rs. 5 lacs with one surety of the like amount to the satisfaction of trial court, on giving undertaking that whenever the truck would be required before the trial court, the same would be produced before the trial court.
Let a copy of this order be communicated to the court concerned through FAX at the cost of the petitioner.