Renu Sharma v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ------- For the Petitioner For the State : Mr. Kamdeo Pandey, Advocate : Mr. Vineet Kumar Vashistha, A.P.P. Order No.10 Dated 20th October, 2022 --------- Heard Mr. Kamdeo Pandey, learned counsel for the petitioner and Mr. Vineet Kumar Vashistha, learned counsel for the State.

2. Pursuant to the order dated 28.09.2022 passed by this Court, Mr. Amit Renu, Superintendent of Police, Giridih is present before this Court as the counter affidavit filed on behalf of the State on 21.07.2022 was not found satisfactory.

3. A counter affidavit has been filed on behalf of Mr.Amit Renu, Superintendent of Police, Giridih on 14.10.2022 and he has tendered unqualified and unconditional apology before this Court for any act of commission and/or omission on his part.

4. Although, this Court is not satisfied with the fact and the manner in which, investigation has been done and charge-sheet has been submitted by the police but considering the fact that Mr. Amit Renu Superintendent of Police, Giridih has himself come in person before this Court and has tendered unconditional and unqualified apology. Therefore, the physical appearance of Mr. Amit Renu, Superintendent of Police, Giridih is dispensed with for the present and the Explanation furnished by the Mr. Amit Renu, Superintendent of Police, Giridih is accepted for the present with the direction that he shall remain careful in future and to supervise his subordinate officers properly

5. This Criminal Revision Application has been filed on behalf of the petitioner by challenging the order dated 14.03.2022 passed by the learned Chief Judicial Magistrate, Giridih in Bagodar P.S. Case No.63 of 2021, by which, the prayer of the petitioner for release of the seized coal

2. has been rejected on the ground that the matter is still under investigation and investigation is going on.

6. It appears from the records of this case that the FIR being Bagodar P.S. Case No.63 of 2021 was lodged against five Truck Drivers on

28.03.2021 instituted under Sections 414/34 of the I.P.C and Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act against the Owner and four (04) drivers of the Trucks but later on, during course of investigation, the police has submitted charge-sheet under Section 414/34 of the I.P.C ad Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act against four drivers namely, Md. Mukhtar Alam, Firoz Ansari Riyasat Ansari, and Md. Rizwan Ansari and Owner of all the Trucks namely Israphil Anasri and although seizure-list was also prepared on 28.03.2021 but it does not reveal the signatures of any drivers. It appear to be quite improbable that all the four drivers of the said Trucks will flee away by seeing the police.

7. It further transpires on 28.03.2021 that four Trucks were intercepted by the police and coal were seized and later on charge-sheet under Section 414/34 of the I.P.C ad Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act was submitted by the police on 30.03.2022.

8. In the meantime, the petitioner had filed the petition on 07.04.2021 for release of the coal enclosing the documents as contained in Annexure-2 series which are selling invoices dated 27.03.2021 of all the Trucks bearing Truck Nos.JH-10AR/3059, JH-10AT/1159, JH- 10AT1559 and JH-10AN/0559 respectively.

9. It also transpires that vide order dated 14.02.2022, the learned C.J.M has already ordered for release of all the four (04) Trucks vide Annexure-2 as enclosed in this Criminal Revision Application.

10. From perusal of Annexure-4 which is report submitted by the Officer-in-Charge, Bagodar Police Station, District Giridih, it appears that even the I.O has shown no objection for release of the coal in question and has mentioned that there is no need of investigation.

11. It has been held in the case of Sunderbhai Ambala Desai vrs. State of Gujarat reported in 2002 (10) SCC 283 at paragraphs Nos.10, 11, 12, 13, 14, 15, 16 and 17 as follows:- “Para-10. To avoid such a situation, in our view, powers under Section 451 Cr.PC should be exercised promptly and at the earliest. Valuable articles and currency notes Para-11. With regard to valuable articles, such as, golden or silver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, the Magistrate should pass appropriate orders as contemplated under Section 451 CrPC at the earliest. Para-12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after: (1) preparing detailed proper panchnama of such articles; (2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security. Para-13. For this purpose, the court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 CrPC. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The court should see that photographs of such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the court under Section 451 CrPC to impose any other appropriate condition. Para14. In case, where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the court may direct that such articles be kept in bank lockers. Similarly, if articles are required to be kept in police custody, it would be open to the SHO after preparing proper panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the court may direct that such articles be handed back to the investigating officer for further investigation and identification. However, in no set of circumstances, the investigating officer should keep such articles in custody for a longer period for the purposes of investigation and identification. For currency notes, similar procedure can be followed. Vehicles Para-15. Learned Senior Counsel Mr Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, a number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to their owners or to the person from whom the said vehicles are seized by taking appropriate bond and guarantee for the return of the said vehicles if required by the court at any point of time. Para-16. However, the learned counsel appearing for the petitioners submitted that this question of handing over the vehicle to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the persons concerned. Para-17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.”

12. From perusal of the case diary, it appears that charge-sheet was submitted in this case on 30.03.2022 and cognizance has been taken on

22.07.2022 under Section 414/34 of the I.P.C ad Section 30 (ii) of the Coal Mines Act and Section 33 of the Indian Forest Act.

13. The police has submitted the report on 31.12.2021 that it has got no objection, if the coal is released in favour of the Owner and it has also been stated that the petitioner is the Owner of the seized coal and there is no requirement of investigation.

14. Considering the fact that the documents are found genuine by the police and also considering the fact that the police has raised no objection and hence in view of the above, the order dated 14.03.2022 passed by the learned Chief Judicial Magistrate, Giridih in connection with Bagodar P.S. Case No.63 of 2021is set aside in the interest of justice and the case is remitted back to the learned court below for passing a fresh order within four weeks in accordance with law by considering the documents filed on behalf of the petitioner and final report submitted by the police.

15. The petitioner shall appear before the learned Court below on

10.11.2022 and may file necessary petition if required and shall take steps in accordance with law and the learned Court below shall dispose of the said Petition filed by the petitioner by hearing on day to day basis and also considering the law laid down in the case of Sunderbhai Ambala Desai vrs. State of Gujarat reported in 2002 (10) SCC 283.

16. However, it will be desirable that Police Administration may remain careful in future and innocent people may not be harassed. Raja/- (Sanjay Prasad, J.)