Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50772 of 2012 ====================================================== Sunil Kumar Singh son of late Ram Naresh Singh, resident of Singh Kothi, PO. PS. Town and District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.D. Sanjay, Adv. For the Opposite Party/s : Mr. Ajay Kumar-2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, on the Police report, a truck bearing no. JH02-0614, loaded with the coal, was intercepted. The present petitioner approached this Court in Cr. Misc. No. 37159 of 2012 and vide order dated 12.10.2012, this Court directed that the court below, after verifying the documents produced by the petitioner, the issue of ownership over the coal will be decided within two weeks, if the same is decided in favour of the petitioner will be released accordingly. In turn, the court below held an enquiry and found that from the intercepted truck, document of one Sunil Kumar Singh and Amit Singh with regard to coal in question was recovered and the court below, arrived to a finding of suspicious ownership, refused to release the coal in favour of the petitioner.

Patna High Court Cr.Misc. No.50772 of 2012 (3) dt.07-05-2015 2/3 The counsel for the petitioner submits that Amit Singh is not coming forward claiming the said coal, it is the petitioner who is claiming the ownership over the same, as he was issued a permit from the Central Coal Field with respect to consumption of coal by his factory situated at Aurangabad, so much so that court below has mentioned about some documents but did not discuss the nature of document which were recovered from the truck and submits that he is the owner of the said coal ordered to be released.

Having considered the rival contentions of the parties, this Court directed the Magistrate to hold an enquiry to find out the ownership of the coal. Some documents showing his claim over the coal, were recovered from the truck, have not been discussed by the court below failure to discuss the same, make the order vulnerable for its interference, so much so, Amit Singh is not coming forward for claiming of the coal in question. In this view of the matter, the order dated 30th November 2012 is quashed and the matter is remanded back to the court below to hold an enquiry with regard to the ownership over the coal. If it is found that the documents which have been recovered from the truck are irresistibly showing the ownership of the petitioner, in that circumstance, the court below will be

Patna High Court Cr.Misc. No.50772 of 2012 (3) dt.07-05-2015 3/3 obliged to pass the order in accordance with law. With the above observation this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U T