Disposed

Banshi Modak v. the State of Jharkhand

Jharkhand HC5 Mar 2018Cr.Rev./56/2018

Case brief

AI extract

What is this about?

In a criminal revision against an order rejecting an application for release of seized M.S. sheets, the court upheld the lower court's decision finding the respondent was not the owner of the heroin and disposed of the application with an observation for the actual owner.

What did the court decide?

Application disposed; petitioner not entitled to release; proceeding directed for actual owner.

Banshi Modak Vs the State of Jharkhand — Jharkhand HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 56 of 2018

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Banshi Modak, son of Late Avinash Modak, resident of Purulia Road, Chas, P.O. & P.S. Chas, District Bokaro … … Petitioner

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Versus

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The State of Jharkhand … … Opp. Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. Shekhar Prasad Sinha, Advocate For the Opp. Party : Mr. Shekhar Sinha, A.P.P.

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04/05.03.2018 Heard Mr. Shekhar Prasad Sinha, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P.

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This application is directed against the order dated 10.09.2017 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh by which the application preferred by the petitioner for release of M. S. Sheets seized in connection with Chauparan P. S. Case No. 30 of 2017 has been rejected.

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It appears from a perusal of the impugned order dated 10.09.2017 that the petitioner is the owner of the truck bearing Registration No. JH 09M 2576 which was apprehended along with M. S. Sheets and the truck was subsequently released in favour of the petitioner. He had claimed for release of the M.S. Sheets in his favour. Although from the documentary evidence, it could be deciphered that one Rishikant Singh is the owner of the M. S. Sheets. The learned court below, therefore, was justified in rejecting the application for release of the M. S. Sheets in favour of the petitioner.

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In such circumstance, therefore, this application stands disposed of without causing interference in the order dated 10.09.2017 and with an observation that if Rishikant Singh files an application for release of the M. S. Sheets, the learned court below may consider the release of the articles in favour of Rishikant Singh if the documents in support of his contention as well as the other factors are balanced in favour of said Rishikant Singh.

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This application stands disposed of.

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Banshi Modak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Banshi Modak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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