IMPORTANT POINT
The court emphasized the necessity for timely action regarding seized property and the obligation of the learned C.J.M. to follow statutory provisions for disposal post-trial.

JUDGMENT :

SANJAY PRASAD, J.

1. This Criminal Revision Application has been filed by the petitioner challenging the order dated 05.05.2018 passed by the learned C.J.M. Dhanbad in connection with the Dhanbad (Saraidhela) P.S. Case No. 427 of 2012, corresponding to G.R. Case No. 1685 of 2012 registered under Section 414/34 of the I.P.C. whereby the learned C.J.M. Dhanbad has rejected the petition dated 26.04.2018 filed by the petitioner for release of 32 MT stem coal, although the petitioner has already been acquitted in Dhanbad (Saraidhela) P.S. Case No. 427 of 2012 corresponding to G.R. Case No. 1685 of 2012 from the court of learned C.J.M. Dhanbad vide judgment dated 02.04.2018.

2. The prosecution case, in brief, is that on 2.5.2012 the police on receiving secret information at around 7.45 in the morning, had conducted a raid in the premises of Coal Briquette Plant of late Jayantri Chowdhary and had found there one Truck No. JH-10M-2815 and had seen some persons unloading the coal in the factory premises. However, on seeing the police party, some persons started fleeing away and after chase, the police arrested one person, whereas other persons fled away and the apprehended person disclosed his name as Suraj Sinha @ Prasidh Sinha, who was the driver of the Truck and also disclosed that one Jai Ram Mahto is the owner of the Truck and presently the plant is being run by one Raj Chouhan @ Karpoori who is the Bhaigna of Late Jayantri Chouhan and who is involved in illegal transaction of coal and has further disclosed that earlier also they had unloaded the coal in the premises of the factory on the instruction of the Truck Owner several times which is lying in the factory premises. He also disclosed that the stolen coal is being sent by the Truck Owner and which is unloaded in the factory by Raj Chouhan @ Karpoori. On demand of paper, the driver and other persons failed to produce any valid paper and the driver could not disclose the name of any person as they were labours who had fled away. Thereafter, seizure list was prepared in presence of witnesses, namely Chotu Oraon and Mohan Rajak and the coal in Truck No. JH 10 M 2815 along with the Truck, on weighment, was found to be 31,800 MT and apart from this, the remaining coal in the premises were weighed in three vacant Tractors and the First Tractor along with the Coal was found to weigh 930 kg, whereas other two Tractors along with the coal in those Tractors weighed 5 Ton 450 kg and 5 Ton 410 kg respectively and the total weight of the coal on the said Tractors was found 7 Ton 790 kg, which was also seized.

3. Heard Mr. Pratyush Lala, learned counsel for the petitioner and Mr. Pankaj Kumar, learned P.P. on behalf of the State.

4. It is submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is the rightful owner and valid purchaser of the coal. It is submitted that the petitioner is proprietor of M/s Hill Briquette plant situated at Bhuiphore Saraidhela, Dhanbad and has got all the valid paper to do the coal business. It is further submitted that the petitioner has validly purchased 24.900 MT coal from M/s Prakash Associates, Barwadda on 17.04.2012 and he has also purchased 9980 MT coal from M/s Om Prakash, Basaiwala, Giridih on 29.04.2012. It is further submitted that petitioner has further purchased 10,000 Ton coal from M/s Bihar Traders, Ranchi and all these traders are running valid coal depot and purchasing the coal from M/s B.C.C.L. and M/s-C.C.L. It is submitted that even the State has filed counter affidavit and has admitted that the coal has been kept in the premises of the concerned police station and they have constructed smart police station over the coal of the petitioner. It is submitted that the police had violated Clause ‘h’ and Clause ‘m’ of Rule 307 of Jharkhand Police Manual. It is further submitted that the petitioner has been acquitted by the learned Cou