Jharkhand High Court
Kanthi Lal Mandal vs The State Of Jhakrhand And Ors on 30 July, 2016
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr) No. 712 of 2015
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Kanthi Lal Mandal, S/o Jiv Lal Mandal, Resident of Village-Chatro
(Gangapur), P.S. Mufasil, District-Giridih and Proprietor of Asha
Industries having its unit situated at Chatro, Gangapur, Tundi Road,
Giridih, Jharkhand.
....Petitioner
Versus
1. The State of Jharkhand .
2. Superintendent of Police, Giridih, P.O. & P.S. Giridih, District-
Giridih, Jharkhand.
3. The Officer in charge, Muffasil Police Station, P.O. Giridih, P.S.
Mufassil, District-Giridih, Jharkhand.
.....Respondents
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Mukesh Kumar Sinha, Advocate
For the Respondent : APP
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09/30.07.2016Heard the parties.
In this application, the petitioner has prayed for an appropriate direction upon learned S.D.G.M, Giridih to decide and dispose of the application preferred by the petitioner on 12.08.2015 for release of seized 75MT of coal seized in connection with Giridih (Mufassil) P.S. Case No. 385 of 2015.
It has been submitted by the learned counsel for the petitioner that a report was called for from the Investigating Officer and in the counter affidavit filed by the State, a report has been submitted based on the inputs given by the Department of Commercial Taxes. From the report of the Investigating Officer, it appears that the documents with respect to 32.590 tons of coal was found to be genuine. It has further been submitted that a subsequent report had been submitted by the Department of Commercial Taxes on 7.5.2016, from which it appears that the entire papers in connection with 75MT of coal seized by the police were found to be genuine. It has also been submitted that the learned court below be directed to expedite the hearing with respect to release of the vehicle. A further submission has been made that factory has been sealed although documents with respect to coal were found to be genuine.
Be that as it may, without entering into the factual aspects of the case, since the matter is already pending before the learned S.D.J.M, Giridih, this writ petition is disposed of by directing the learned S.D.J.M, Giridih to consider the verification report as -2- submitted by the Investigating Officer and subsequent report dated 7.5.2016 issued by the Department of Commercial Taxes, if the said documents are brought to the notice of the Court.
Release application shall be disposed of by the learned S.D.J.M, Giridih expeditiously and preferably within a period of fifteen days from the date a copy of the order is produced before the said Court along with the documents, which form the basis for claiming the release of the coal in question.
This application stands disposed of.
(Rongon Mukhopadhyay, J) Rakesh/