Judgment : Heard the parties. 2. W.P.(Cr.) No. 11 of 2010 has been filed by the Chief General Manager, BCCL, Katras with a prayer to quash memo no. 479/2007, dated 04.12.2007 (Annexure-4) and letter dated 10.05.2008 of the Officer-in-Charge, Katras (Rajganj) P.S. (Annexure-7), which appears to be reminder sent to the writ petitioner by the Officer Incharge, Katras P.S., District – Dhanbad. By the aforesaid Annexures, directions have been given to the writ petitioner to hand over 30 M.T. of coal which was seized in connection with Katras (Rajganj) P.S. Case No. 06/2006, dated 04.01.2006 and after seizure, coal was handed over to one Rajendra Singh, loading clerk, then posted at Angarpathra siding, B.C.C.L. 3. W.P.(Cr.) No. 245 of 2012 has been filed by Birendra Prasad with a prayer to direct the respondents to release 30 M.T. of coal seized from his possession in connection with Katras (Rajganj) P.S. Case No. 06/2006, dated 04.01.2006 corresponding to G.R. No. 37/2006. It is contended that the petitioner was made an accused in Katras (Rajganj) P.S. Case No. 06/2006, but after trial he has been acquitted. After his acquittal, he has filed an application for release of the coal seized from his possession and the learned S.D.J.M., by order dated 15.10.2007, directed the Officer Incharge, Katras Police Station to release 30 M.T. of coal which was seized in connection with Katras (Rajganj) P.S. Case No. 06/2006 in favour of the writ petitioner. 4. The brief facts behind filing of these writ petitions is that the Officer Incharge of Katras P.S. along with the officers of C.I.S.F. posted to protect the Unit of B.C.C.L., had conducted raid in the premises of the writ petitioner [In W.P.(Cr.) No. 245 of 2012] – Birendra Prasad on 04.01.2006 and recovered 30 M.T. of steam coal from the place. Since occupant Birendra Prasad did not produce valid documents against possession of steam coal, the then Officer Incharge namely S.I. Radhika Raman Minz recorded his self statement and registered a case vide Katras (Rajganj) P.S. Case No. 06/2006, dated 04.01.2006 under Section 414 of the Indian Penal Code against the writ petitioner Birendra Prasad. About the recovery of 30 M.T. coal from the premises of Birendra Prasad, a separate seizure list by the then Officer Incharge who is also the informant, was prepared and the coal was handed over to one Rajendra Singh, Loading Clerk, Angarpathra Siding, BCCL. About the recovery of 30 M.T. coal from the premises of Birendra Prasad, a separate seizure list by the then Officer Incharge who is also the informant, was prepared and the coal was handed over to one Rajendra Singh, Loading Clerk, Angarpathra Siding, BCCL. The receipt duly acknowledged by Rajendra Singh is Annexure-2 in W.P.(Cr.) No. 11 of 2010. 5. Birendra Prasad [writ petitioner in W.P.(Cr.) No. 245 of 2012], after getting acquittal in the said case, filed an application for release of the coal seized from his premises whereafter learned S.D.J.M. Dhanbad, vide order dated 15.10.2007 directed the Officer Incharge, Katras Police Station to handover the coal to Birendra Prasad. Thereafter, the Officer Incharge, Katras Police Station, by Annexures-4 and 7 of W.P.(Cr) No. 11 of 2010, directed the General Manager, B.C.C.L. to return 30 M.T. of steam coal to Birendra Prasad after proper identification, verification and receipt. Since coal seized in connection with Katras (Rajganj) P.S. Case No. 06/2006 has not been returned to Birendra Prasad, he has chosen to file writ petition before this Court vide W.P.(Cr.) No. 245 of 2012. 6. The learned counsel appearing for the State has submitted that the coal seized in connection with the case mentioned above was duly given to the Loading Clerk Rajendra Singh for keeping it in safe custody and it was done at the instance of General Manager, B.C.C.L. He has further submitted that the documents on record clearly indicate that the coal seized in connection with the above case was received by Rajendra Singh but now B.C.C.L. is denying the responsibility by saying that the coal was not handed over to them and, therefore, they are not responsible to return the same. Under what capacity Loading Clerk Rajendra Singh had received the coal is unknown to the General Manager, BCCL. As a matter of fact coal so seized had never been handed over to BCCL and, therefore, the direction given by the Officer Incharge, Katras (Rajganj) P.S. is not supposed to be complied with and, therefore, those directions given to the writ petitioner vide Annexures-4 and 7 in W.P.(Cr.) No. 11 of 2010 are liable to be quashed. 7. Birendra Prasad, in W.P.(Cr.) No. 245 of 2012 has fairly submitted that the coal was seized from his premises is not in dispute. He has been acquitted in that case is not in dispute. 7. Birendra Prasad, in W.P.(Cr.) No. 245 of 2012 has fairly submitted that the coal was seized from his premises is not in dispute. He has been acquitted in that case is not in dispute. The learned S.D.J.M. has directed the Officer Incharge, Katras (Rajganj) P.S. to release the coal is also not in dispute and, therefore, he is entitled to receive back coal seized from his premises. 8. Admittedly coal seized in connection with the above case was not sent to Court Malkhana along with the report submitted under Section 173 Cr. P.C. After seizure of the articles, seizure list was prepared but the Officer who had seized the coal, instead of sending it to Court, had chosen to hand over the same to an independent person and that too without seeking permission from the Court. Custody of coal which was given by the then Officer Incharge to one Rajendra Singh, was also not reported and no direction from the Trial Court was taken in this regard. 9. Be that as it may, there is no dispute that 30 M.T. of coal was seized from the premises of Birendra Prasad and for that Katras (Rajganj) P.S. Case No. 06/2006, dated 04.01.2006 was registered and accused Birendra Prasad faced the trial and after his acquittal he has filed the application for release of coal. Since the Officer Incharge of Katras (Rajganj) P.S. is presumed to be custodian of coal, he is responsible to release the same complying the order of the S.D.J.M. Now he has shifted his liability to B.C.C.L. but from the documents placed before me it does not appear that the coal seized in connection with the said case was handed over to BCCL. Since the Writ Petitioner -Birendra Prasad, after his acquittal is entitled to get released the coal, the State of Jharkhand is directed to give 30 M.T. of coal or to pay Rs. 36,000/- as cost of the coal to the writ petitioner – Birendra Prasad [In W.P.(Cr.) No. 245 of 2012] within a period of 60 (sixty) days from today after proper receipt and verification. The State of Jharkhand shall be at liberty to recover value of coal or the said amount from the erring officer after holding enquiry and fixing responsibility. 10. Since the liability to return coal has been fastened on the State of Jharkhand, memo no. The State of Jharkhand shall be at liberty to recover value of coal or the said amount from the erring officer after holding enquiry and fixing responsibility. 10. Since the liability to return coal has been fastened on the State of Jharkhand, memo no. 479/2007, dated 04.12.2007 (Annexure-4) and letter dated 10.05.2008 of the Officer-in-Charge, Katras (Rajganj) P.S. (Annexure-7) [In W.P.(Cr.) No. 11 of 2010] are hereby quashed. 11. All Interlocutory Applications stand disposed of. 12. The personal appearance of Officer Incharge, Katras (Rajganj) P.S. is dispensed with. 13. With the aforesaid observations and directions, both the writ petitions stand disposed of.