Jharkhand High Court
Pankaj Kumar vs The State Of Jharkhand on 11 January, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 827 of 2023
Pankaj Kumar ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Sahibganj
3. The District Mining Officer, Sahibganj
4. The Officer-In-Charge, Ranga Police Station, Sahibganj
... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner: Mr. Nikhil Ranjan, Advocate
Ms. Saumya Pandey, Advocate
For the State: Mr. Binit Chandra, A.C. to A.A.G.-III
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05/Dated: 11.01.2024
1. Heard the parties.
2. The present criminal writ petition has been filed mainly for the following reliefs:-
"For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of certiorari for quashing the order dated 5.4.2023 (Annexure-2) passed in Confiscation Case No. 41/2022-23 whereby the seized vehicle of the petitioner has been ordered to be confiscated by the learned Court of Deputy Commissioner-cum- District Magistrate, Sahibganj in connection with Ranga P.S. Case No. 79/2022 pending in the court of A.C.J.M., Rajmahal;
And For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondent authorities for release of the vehicle of the Petitioner bearing registration no. BR-19GA-9500 seized in connection with Ranga P.S. Case No. 79/2022 pending in the Court of A.C.J.M., Rajmahal"
3. It appears that the criminal case has been lodged bearing Ranga P.S. Case No.79 of 2022 under Sections 175/379 of the Indian Penal Code, Section 21(A) and 21(6) of the Mines and Minerals (Development & Regulations) Act, 1957, Sections 4/54 of Jharkhand Minor Minerals Concessions Rules, 2004, and Sections 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining) Transportation and Storage Rules, 2017.
4. The present writ petition has been filed for quashing the order dated 05.04.2023 passed by the Deputy Commissioner-cum-District Magistrate, Sahibganj in Confiscation Case No.41/2022-23 whereby, the seized vehicle of the petitioner has been ordered to be confiscated in connection with Ranga P.S. Case No. 79 of 2022, pending in the court of learned A.C.J.M., Rajmahal. It has been submitted that as per mandate of Section 21 (4-A) of the Mines and Minerals (Development and Regulation) Act, 1957, the appropriate authority is the Court who has taken cognizance of the offence. The Deputy Commissioner has no power to confiscate the vehicle in -2- question and this issue has already been settled by this Court vide order dated 8th January, 2024 in W.P.(Cr.) No.751 of 2023.
5. Considering the above fact as the issue has already been settled that the Deputy Commissioner is not a competent authority to pass the order of confiscation, the order dated 05.04.2023 passed by the Deputy Commissioner-cum-District Magistrate, Sahibganj in Confiscation Case No. 41/2022-23 is hereby, set aside.
6. Accordingly, this criminal writ petition stands allowed.
7. Consequently, the matter is remitted back to the learned Court below to pass a fresh order in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order.
8. In view of the disposal of the present writ petition, pending Interlocutory Application also stands disposed of.
(Rajesh Kumar, J.) VK