Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 0]

Jharkhand High Court

Jawahar Chourasia vs The State Of Jharkhand Through The ... on 21 March, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(Cr). No.876 of 2023
                                    ----

1. Jawahar Chourasia

2. Ritesh Kumar

3. Manoj Kumar Ranjan .... .... Petitioners Versus

1. The State of Jharkhand through the Secretary, Home, Prison and Disaster Management, Project Bhawan, Dhurwa, Ranchi

2. The Secretary, Department of Mines and Geology, Government of Jharkhand, Ranchi

3. The District Magistrate-cum-the Deputy Commissioner, Sahibganj

4. The Superintendent of Police, Sahibganj

5. The District Mining Officer, Sahibganj

6. The Officer-in-Charge, Ranga Police Station, Sahibganj .... .... Respondents

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

---- 

For the Petitioner                : Mr. Ashish Kumar Thakur, Adv.
For the Respondents               : Mr. Suresh Kumar, Adv.
                                    ----
08/Dated: 21st March, 2024

1. The present criminal writ petition has been filed by the petitioners for the following reliefs:-

(i) For quashing of the order dated 20.09.2023 passed by the court of Additional Chief Judicial Magistrate, Rajmahal in Ranga P.S. Case No.85 of 2022, pending before the ACJM, Rajmahal, which was filed by the petitioner no.1 for release of his Truck bearing registration No.BR-10GB-2834, by petitioner no.2, for release of his truck bearing registration No.BR-10GB-1132 and by petitioner no.3 for release of his truck bearing registration No.BR-10-GB-0075, has been arbitrarily and illegally rejected.
(ii) For quashing of the order dated 17.03.2023 passed in Confiscation Case No.62/2022-23 by the court of District Magistrate-cum-Deputy Commissioner, Sahibganj by which the vehicle of the petitioners bearing registration No.BR10-GB-

2834, BR-10GB-1132 and BR-10-GB0075 has been ordered to be confiscated under the provisions of the Rule 11(v) of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, which is beyond his jurisdiction and as such per se illegal.

(iii) Upon quashing of the orders mentioned above be further pleased to order for release of the said truck in favour of their respective owners/petitioners.

(iv) During the pendency of the instant petition the further proceedings in Confiscation Case No.62/2022-23 as well as the operation, execution and implementation of the order dated 17.03.2023 passed in Confiscation Case No.62/2022-23 by the court of District Magistrate-cum-Deputy Commissioner, Sahibganj with respect to the vehicle of the petitioners bearing registration No.BR-10GB-2834, BR-10GB-1132 and BR-10GB- 0075, may kindly be stayed."

2 W.P.(Cr). No.876 of 2023

2. It appears that a criminal case has been lodged being Ranga P.S Case No.85 of 2022, for the offence under Sections 175, 379 of the Indian Penal Code, Section 21(A), 21(6), 22 of M.M.D.R Act, Rules 4/54 of the JMMR, 2004 and Rules 7/9 of the Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage), Rule 2017.

3. It has been submitted by the learned counsel for the petitioners that the petitioners are the registered owners of the Trucks, in question, bearing registration Nos. BR-10GB- 2834, BR No.10GB-1132 and BR-10GB-0075 respectively, which have been seized by the District Mining Officer, Sahibganj and has been sent for lodging F.I.R. The order of confiscation has been passed by the respondent No.03, i.e., the Deputy Commissioner- cum-District Magistrate, Sahibganj, in Confiscation Case No. 62/2022-23 vide order dated 17.03.2023, which is not as per the law and no such power is vested to the Deputy Commissioner.

4. The petitioners have filed petition before the learned ACJM, Rajmahal for release of their vehicles which have been rejected vide orders dated 20.09.2023 on the ground that the confiscation proceeding has already been completed by the Deputy Commissioner, Sahibganj.

5. Learned counsel for the petitioners has also submitted that as per the mandate of Section 21(4-A) of the Mines and Minerals (Development & Regulations) Act, 1957, only the criminal court taking cognizance of the offence is competent to pass the order of confiscation and the Deputy Commissioner has no such power. In support of his contention, learned counsel for the petitioner has relied upon the judgment dated 08.01.2024, passed in W.P.(Cr.) No.751 of 2023, by this Court and has submitted that the said issue has already been settled by this Court.

6. Considering the fact that the Deputy Commissioner is not a competent authority to pass the order of confiscation. Accordingly, the order dated 17.03.2023, passed by the Deputy Commissioner-cum-Deputy Magistrate, Sahibganj, in Confiscation Case No. 62/2022-23 is, hereby, quashed and set-aside.

7. Consequently, the orders dated 20.09.2023 passed by the court of learned Additional Chief Judicial Magistrate, Rajmahal in connection with Ranga P.S Case No.85 of 2022, are also hereby set aside. The matter is remitted to the court below for passing fresh order in accordance with law. The petitioners are at liberty to approach the Court below for release of their vehicles and if any such application is filed, then the court below is directed to consider the same on its own merit and shall take a decision as early as possible.

8. With above observation and direction, the present criminal writ petition stands disposed of.

(Rajesh Kumar, J.) Raja/-

Uploaded