IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.337 of 2009 SURESH YADAV Versus STATE OF BIHAR ----------- 7 18.5.2009 Heard counsel for the petitioner and the State. The instant revision application has been filed against the order dated 29.1.2009 passed by the Judicial Magistrate Ist Class, Nawada in Rajauli P.S. CaseNo.114 of 2006, G.R.No.1323 of 2006, T.R.No.1398 of 2008 for offences under sections 379, 411, 120(B) of the Penal Code and section 4 of the M.M.R.D.Act, 1957 as well as sections 21,22, 52 of the M.C.Rules, 1960 and sections 33,41,42 of the Indian Forest Act, 1927. The petitioner submits that he is the owner of Shaktiman Truck bearing No.D.I.S.72/3, Chassis No.UPJ4320SP, Engine No.B-49537 SVF, Registration No.JH11C/7976 and no confiscation proceeding is pending in respect of this truck in question. He further submits that earlier a report was called for from the D.F.O., Nawada in which the number of truck was not correctly mentioned. However, the Licensing authority by order dated 5.9.2007, as contained in Annexure-2, stated that no confiscation proceeding is pending in respect of D.I.S.72/3. Learned State counsel has filed a counter affidavit stating that Shaktiman truck did not bear any registration number at the time of its seizure. However, he is unable to give the chassis number and Engine number of the vehicle in question. 2 KHAN As there is some dispute regarding the identification of the Shaktiman truck in question, this court remits the matter to the court of learned Judicial Magistrate Ist Class, Nawada, who is in seisin of the case, to decide the matter once again. He will also ascertain whether on the date of passing of this order, any confiscation proceeding was pending in respect of this truck in question or not. The learned Magistrate would decide the matter regarding the release of the truck in question within six weeks from the date of receipt/production of a copy of this order before him. If no confiscation proceeding was pending, he would release the truck in question in favour of the petitioner on furnishing adequate security to his satisfaction. In view of nature of order is being passed, the impugned order dated 29.1.2009 passed by the Judicial Magistrate Ist Class, Nawada is set aside. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)