H.C. Mishra, J. : Heard learned counsel for the petitioner as also learned counsel for the State.

2. The petitioner is aggrieved by the order dated 25.04.2013 passed by the learned Chief Judicial Magistrate, Hazaribag, in Ramgarh P.S. Case No. 75 of 2013, whereby the application filed by the petitioner for release of three tankers bearing registration Nos. WB-03B-1732, JH-02T-7585 and JH-02T-7586, has been rejected by the Court below, on the basis of the report submitted by the Investigating Officer that all the three tankers were subject matter of confiscation and accordingly, they may not be released.

3. It appears from the impugned order that the Court below had sought information about the initiation of the confiscation proceeding, which was replied by the Investigating Officer stating that he had made proposal for confiscation of the tankers to the Deputy Commissioner, Ramgarh, vide memo No. 1010 of 2013 dated 5.4.2013. It also appears from the impugned order that the learned Additional Public Prosecutor had written to the Deputy Commissioner, Ramgarh, seeking information whether the confiscation proceeding had been initiated with respect to the seized tankers or not,