Hari Shankar Das vs The State Of Jharkhand
2022 Latest Caselaw 1093 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2572 of 2020

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Hari Shankar Das, aged about 52 years, s/o Sri Gour Chand Das, r/o Vill Lawa, Panchayat Tiruldih, PO Chipri, PS Ichagarh, Dist. Serakiella Kharswan, Jharkhand ..... Petitioner

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The State of Jharkhand ...... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Mahesh Tewari, Advocate For the State :- Mr. Ashish Kumar, Advocate

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6/21.03.2022 This petition has been filed for quashing the order dated 14.08.2020 passed by the learned C.J.M, Seraikella in Ichagarh P.S.Case No.28 of 2019 in G.R. Case No.154 of 2020 (MCRA No.44/2020) whereby the petition filed by the petitioner for release of his commercial vehicle i.e, tractor bearing No.JH-05-AK-7515 and trolley bearing No.JH-05-AK- 7506 has been rejected.

Mr. Tewari, the learned counsel for the petitioner submits that the vehicle in question is lying in open deteriorating day by day. He submits that in view of the judgment in Sunderbhai Ambalal Desai V. State of Gujarat [(2002) 10 SCC 283], this Court may pass the order for release of the vehicle in question.

A counter affidavit has been filed on behalf of the respondent State wherein in paragraph 10 it has been disclosed that the said vehicle is not required for investigation and the Investigating Officer has filed the NOC to the learned lower court. The confiscating case has commenced.

In view of this fact, this petition is being disposed of directing the petitioner to file a petition before the confiscating court for release of the vehicle in question who will pass the order in accordance with law.

Disposed of.

( Sanjay Kumar Dwivedi, J)

SI/