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2022 Supreme(Jhk) 862

SANJAY KUMAR DWIVEDI
Md. Tamsir Khan S/o Md. Kayum Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kripa Shankar Nanda.
For the Respondent: Prabir Kumar Chatterjee.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

2. This petition has been filed for direction upon the respondents to release the commercial vehicles/Truck bearing Registration No. NL-01AD-0675, which was seized in connection with Sadar Police Station Case No. 273 of 2019, pending in the court of learned Chief Judicial Magistrate, Chatra.

3. The prosecution case is based on the written application of Hawildar Ahmad Ali Khan, addressed to Officer in Charge Sadar Police Station, Chatra on 31.07.2019 alleging inter-alia that on 31.07.2019 he was on patrolling duty along with other police officials at about 2:00 am in the night in the meantime a truck came which was instructed to stop due to the suspicion then the truck driver stopped the vehicle and fled away from the place of occurrence after parking the vehicle in the road side. The Truck being NO. BR-02GA-9393 was inspected in presence of the witnesses after giving the information to higher police officials and all together 27 bovine animals were recovered from the truck which was seized under a seizure list in prese

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