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M/s Tata Motors Ltd. vs Madumala Gabrial

Jharkhand High Court · Decided on 21 June 2017 · Citation: (2017) 06 JH CK 0046

HON’BLE JUDGES
Rongon Mukhopadhyay
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Section 420</a>, <a href=1767-379>Section 379</a>, <a href=1767-406>Section 406</a> - Punishment of criminal conspiracy - Cheating and dishonestly inducing
RESULT
Allowed
CASE NUMBER
704 of 2017
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Judgment

8 paragraphs · 430 words
1.

Heard Mr. Amresh Kumar, learned counsel for the petitioners and Mr. Shailendra Jit, learned A.P.P. for the State.

2.

This application is directed against the order dated 02.05.2017 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Giddi P.S. Case No. 14 of 2017 (G.R. Case No. 684 of 2016) by which the applications, preferred by the petitioners for release of their respective trucks bearing registration No. BR-44F-1954 and JH-02S-7617 have been rejected.

3.

It has been submitted by learned counsel for the petitioners that the petitioners are the owners of their respective trucks which were seized while carrying coal. Learned counsel further submits that the ownership of the trucks has been verified by the Investigating Officer and the documents submitted by the petitioners were found to be genuine. Since the trucks are lying in open place, the same are suffering from vagaries of weather since 22.03.2017. Leaned counsel for the petitioners further submits that if the trucks are not released in favour of the petitioners, they shall be put to an irreparable loss.

4.

Learned APP appearing for the State has supported the impugned order.

5.

It appears that an F.I.R. was instituted being Giddi P.S. Case No. 14 of 2017 and the allegations levelled were that two trucks belonging to the petitioners, loaded with coal, were seized, resulting in institution of the case u/s 406,420,379and 120B of the I.P.C . and Section 30(ii) of the Coal Mines Nationalization Act.

6.

It further appears that separate applications were preferred by the petitioners for release of their respective trucks which however were rejected on 02.05.2017 by learned Magistrate on the ground that the trucks have been indulging in illegal activities. The report of the Investigating Officer dated 26.04.2017 reveals that the documents relating to the trucks were found to be genuine. Both the trucks are suffering from vagaries of weather, since the same are kept under open sky in the Police Station. Since the petitioners are admittedly owners of the trucks in question, it would not be just and proper to keep the trucks in custody. These facts have not been property appreciated by the learned Magistrate while passing the impugned order dated 02.05.2017 refusing to release the trucks bearing registration No. BR-44F-1954 and JH-02S-7617, which are commercial vehicles and the same is hereby quashed.

7.

In view of what has been stated above, the said trucks are directed to be released in favour of the petitioners, subject to the terms and conditions, the learned Judicial Magistrate may impose.

8.

This application is allowed and disposed of.