1. Heard learned counsel for the petitioner and learned counsel for the State. Also perused the LCR called for in this case.

2. Petitioner is aggrieved by the order dated15.7.2009 passed by Sri Rakesh Kr. Mishra, learned Judicial Magistrate, 1st Class, Hazaribagh in T.R. No.767 of 2007 / G.R. No. 2434 of 2004, whereby the application filed by the petitioner for release of the coal seized in connection with Ramgarh P.S. Case No.350 of 2004, corresponding to G.R. No.2434 of 2004, was rejected by the Court below.

3. It appears that one truck loaded with coal was recovered by the police and the petitioner, who was driver of the said truck, was also apprehended. As no document could be produced by the petitioner, Ramgarh P.S. Case No.350 of 2004, corresponding to G.R. No.2434 of 2004 was instituted against the petitioner and other co-accused for the offence under Section 414, 120B/34 of the I.P.C., 33 of the Indian Forest Act and Section 30(ii) of Coal Mines Act and the coal and truck were seized by the police.

4. It also appears that a confiscation proceeding was initiated for the seized coal and truck, in Confiscation Case No.4 of 2005 and by order dated 25.3.2009 passed therein