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(2019) Law Today Live Doc. Id. 15274
(Arising out of SLP(Crl.) No.5286 of 2018)
Decided on: 18.02.2019
For Petitioner(s):
Mr. Anup Kumar, AOR, Ms. Neha Jaiswal, Adv., Mr. Bhaskar Adity, Adv. and Mr. Arjun G. Nair, Adv.
For Respondent(s):
Mr. Prabhat Kumar Rai, Adv. For M/s Aura & Co., AOR
Code of Criminal Procedure, 1973 (2 of 1974), Section 102, 451, 457 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder case – Seizure of truck – Requirement of -- Truck in question could not have been directed to be seized since there is no evidence that it was used in the commission of the offence of murder -- Merely because there were rival claims about the ownership of the truck; that does not warrant the seizure of the truck -- Truck in question ordered to be released on Sapurdari to its registered owner.
(Para 2, 3)
ORDER
1. Leave granted.
2. Having regard to the circumstances of the case, it is clear that the truck in question could not have been directed to be seized since there is no evidence that it was used in the commission of the offence of murder. Merely because there were rival claims about the ownership of the truck; that does not warrant the seizure of the truck.
3. We, accordingly, allow this appeal, set aside the impugned order passed by the High Court as also the order passed by the learned Judicial Magistrate, 1st Class, Simdega, Jharkhand, and direct that the truck in question be released on Sapurdari to its registered owner on such terms and conditions that the trial court may feel fit to impose.
Appeal allowed.
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