Hero Mahto @ Bhuneshwar Prasad Mahto, Son of Tilak Mahto v. State of Jharkhand
2025-02-04
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : ANIL KUMAR CHOUDHARY, J. Heard the parties. 2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of an appropriate Writ(s)/ Order(s)/direction(s) directing upon the respondent No.6 to expedite disposal of Confiscation Case No.31 of 2023. 3. The brief fact of the case is that truck belonging to the petitioner bearing Registration No. JH-02W-6981 was seized while being loaded with 25 tons of raw coal on the allegation that the coal was illegally extracted from forest area. 4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. In fact the coal loaded in the truck was purchased by the hirer of the truck. It is next submitted that though there is no material before the respondent No.6 to confiscate the said vehicle and as the Project Officer, Sawang-Govindpur PH-II OCP, CCL has intimated to the respondent No.7 in response to his letter that the documents produced by the petitioner are genuine but unnecessarily, the respondent No.6 is sitting over the matter and harassing the petitioner. 5. Learned counsel for the petitioner next submits that in the connected case being Vishnugarh P.S. Case No.168 of 2023, charge-sheet has been submitted by the police after completion of the investigation of the case in the Court of Sub-Divisional Judicial Magistrate, Hazaribagh. Hence, it is submitted that the prayer as prayed for in this Writ Petition (Cr.) be allowed. 6. Learned counsel for the State who is also appearing for the respondent No.7 submits that some difficulties faced by the respondent No.6 is that the respondent No.7 was not supplying the copy of the charge-sheet which has been submitted by the learned counsel for the petitioner. It is then submitted as the charge-sheet has already been submitted by the respondent No.7 in connection with Vishnugarh P.S. Case No.168 of 2023, so there will not be any difficulty in proceeding ahead and disposal of the Confiscation Case No.31 of 2023. 7.
It is then submitted as the charge-sheet has already been submitted by the respondent No.7 in connection with Vishnugarh P.S. Case No.168 of 2023, so there will not be any difficulty in proceeding ahead and disposal of the Confiscation Case No.31 of 2023. 7. Considering the aforesaid facts of the case and the submissions made by the learned counsels, this Writ Petition (Cr.) is disposed of with a direction to the respondent No.7 to supply the relevant documents required by the respondent No.6 within thirty days from the date of this order to the respondent No.6 and the respondent No.6 is directed to expedite the proceedings of Confiscation Case No.31 of 2023 and dispose of the same within two months from the date of this order. 8. This Writ Petition (Cr.) is disposed of accordingly.