GOUTAM BHADURI
Sunil Kumar Jaiswal S/o Vedprakash Jaiswal – Appellant
Versus
State of Chhattisgarh through Police Station Ratanpur, Chhattisgarh – Respondent
1. Since the question of law involved in both the petitions are one and the same, they are being decided by this common order.
2. Cr. M.P. No. 1213 of 2017 is filed against the order dated 17th July, 2017 passed in Criminal Revision No.90/2017 by the 5th Additional Sessions Judge, Bilaspur. The said order has affirmed the order of the Judicial Magistrate dated 08.06.2017 whereby the application preferred by the petitioner Sunil Kumar Jaiswal for custody of the vehicle was dismissed.
3. Likewise Cr. M.P. No.1475/2017 is preferred against the order dated 07th October, 2017 passed by the 4th Additional Sessions Judge, Bilaspur, in Criminal Revision No.180/2017 which was filed against the order dated 05.07.2017 passed by the Court of JMFC Kota wherein the application filed u/s 457 of Cr.P.C., was rejected.
4. The facts of Cr. M.P. No. 1213 are that a Truck bearing Regn.No.C.G.04-JC/4238 was seized by the Police Station Ratanpur in Crime No.159/2017 for the offence punishable u/s 41(1-4) of the Code of Criminal Procedure read with section 379 of IPC and Sections 3 & 7 of the Essential Commodities Act and section 23 of the Petroleum Act, 1934 and is kept in police station. Subsequent
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