IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.615 of 2009 Tarkeshwar Prasad Sinha, son of Late Dineshwar Prasad Sinha, Proprietor of M/s Sun Battery and Electronics, Kankarbagh, Main Road, Patna-20. -Petitioner. VERSUS 1. The State of Bihar. 2. Superintendent of Police, Nawada. 3. Deputy Superintendent of Police, Nawada. 4. Officer-in-charge, Rajouli Police Station, District-Nawada. -Respondents. ----------- 02 07.12.2009 On 25.10.2006 certain slabs looking like Aluminum slabs were seized by the police at Rajouli barrier, on alleged grounds that they were Aluminum slabs made out of stolen Aluminum cables. Pursuant whereto, Rajouli P.S. Case No.120 of 2006 was instituted under Section 414/120B of the Indian Penal Code. Petitioner had prayed for release of the said objects. Petitioner states that pursuant to seizure aforesaid, those objects were sent for chemical analysis and it has not been reported that they are not Aluminum slabs rather they are Lead sheets used for making battery. Petitioner claims to be manufacturers of battery and claims to have that they were sent to Kolkata by the aforesaid bus. In my view, the object was neither seized from petitioner’s custody nor is petitioner is in a position to produce any power directly showing that the goods seized belonged to the petitioner, as such, there is no infirmity in the order of the Judicial Magistrate in refusing the goods to - 2 - the petitioner. Petitioner then submits that there are no rival claimants. In my view, it is for either the driver of the bus or the owner of the bus to claim release thereof, as it was seized from their custody or it could they who can identify the owner of those goods. It is, therefore, appropriate for the petitioner to move an application jointly with the owner or driver of the said bus for released of the seized goods before the learned Judicial Magistrate in terms of Section 451 of the Cr.P.C. The learned Judicial Magistrate on such application being made would pass appropriate order expeditiously in accordance with law, in keeping in mind that the very foundation of the case stands belies in view of the laboratory report. This application stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)