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2009 DIGILAW 597 (JHR)

Kanhaiya Prasad Singh v. State of Jharkhand

2009-04-22

R.R.PRASAD

body2009
JUDGMENT : Heard learned counsel appearing for the petitioner and learned counsel appearing for the State as well as learned counsel appearing for the intervener (wife of the deceased). Learned counsel appearing for the petitioner summits that when one Suresh Singh was found murdered on 03.05.2007 at NH-33 near Aasanbani village, Chandil, a case was registered as Chandil P.S. Case No. 60 of 2007. Subsequently, a trailer bearing No. NL 01/A 9219, belonging to this petitioner, was taken into custody by the police of the Aamas Police Station, Gaya on 21.06.2007 and on the same day, another trailer belongs to this petitioner bearing no. AS-01-L/6179 was taken into custody by Chandil Police Station, though the Police had no authority to seize those trailers as those trailers were never subject matter of any criminal case and, therefore, the petitioner had no option but to file an application for release of the trailers before the Chief Judicial Magistrate, Seraikella-Kharsawan, which application was dismissed on 11.12.2007 on the ground that the matter is still under investigation and being aggrieved with that the petitioner has filed this writ application. Learned counsel further submits that the stand taken by the State is that the aforesaid trailers had never been seized in connection with any criminal case, rather both the trailers when were found lying abandoned, they took it in their possession and under this situation, the petitioner is entitled to have those trailers released in his favour. Learned counsel appearing for the State submits that as per the counter affidavit, those trailers had never been seized in connection with any other criminal case. However, learned counsel appearing for the intervener submits that the matter, relating to the murder of Suresh Singh, is still under investigation and the wife of the deceased had written a letter to the concerned Police Station for not releasing the same and, therefore, unless the investigation is complete, the trailers in question be not released in favour of the petitioner. Admittedly, the trailers in question had never been seized in connection with any criminal case much less in connection with a case of the murder of husband of the intervener and, therefore, it would be wholly unwarranted to allow the police to have custody of the vehicles till completion of the investigation, rather in the facts and circumstances of the case, the police does not seem to have any authority to keep the vehicles in their custody. Accordingly, the Officer-in-Charge, Chandil Police Station is hereby directed to release the trailers in favour of the petitioner within a week from the date of the receipt of a copy of this order or on filing of a copy of the order. Accordingly, this writ petition is disposed of.