Jharkhand High Court
Aasir Sheikh vs The State Of Jharkhand on 25 January, 2022
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 491 of 2021
1. Aasir Sheikh, aged about 48 years, son of Late Idrish Sheikh, Resident
of village Murgitola, Narayanpur, P.O. and P.S. Rajmahal, District
Sahibganj
2. Prakash Toppo, aged about 31 years, son of Sanichar Toppo, Resident
of village Dhatapara, Mayurtola, P.O. & P.S. Kotalpokhar, District-
Sahibganj ... Petitioners
-Versus-
1. The State of Jharkhand
2. The Deputy Commissioner, Sahibganj, P.O. Sahibganj, P.S.
Sahibganj(T), District- Sahibganj
3. The Superintendent of Police, Sahibganj, P.O. Sahibganj, P.S.
Sahibganj(T), District Sahibganj
4. The District Transport Officer, Sahibganj, P.O. Sahibganj, P.S.
Sahibganj(T), District Sahibganj
5. S.D.P.O., Barharwa, P.O. and P.S. Barharwa, District- Sahibganj
6. The Officer-in-Charge of Ranga Police Station, P.O. and P.S. Ranga,
District- Sahibganj ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III
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03/25.01.2022. Heard Mr. Gautam Kumar, learned counsel for the petitioners and Mr. Ashwini Bhushan, learned counsel for the respondent-State.
2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. The defects are ignored.
4. This petition has been filed for quashing of the entire proceedings of Confiscation Case No.14/2020-2021 arising out of Ranga P.S. Case No.99 of 2020, pending in the court of the Deputy Commissioner, Sahibganj. The further prayer is made for direction upon the concerned respondent to dispose of the said confiscation case, which is still pending before the court of the Deputy Commissioner, Sahibganj.
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5. Mr. Gautam Kumar, learned counsel for the petitioners submits that the District Transport Officer, Sahibganj has apprehended two trucks bearing Registration Nos. NL-01AC/9360 and WB-65C/7133 loaded with sand on 31.08.2020 and on the basis of an application made by respondent no.4 to the Officer-in-Charge of Ranga Police Station, an FIR being Ranga P.S. Case No.99 of 2020 was registered against the owners and drivers of the said trucks under Section 406 of the Indian Penal Code, Sections 7(5), 25 and 28(i) of the Jharkhand Motor Vehicle Taxation Act and Sections 183, 184 and 194 of the Motor Vehicle Act. He further submits that the entire confiscation proceeding is bad in law. He also submits that the final argument in the said confiscation case has already been concluded in the month of October, 2021 itself and still the order has not been passed.
6. Mr. Ashwini Bhusha, learned counsel for the State fairly submits that in view of the pendency of the confiscation proceeding, appropriate order may be passed for disposal of the said confiscation case.
7. In view of the above facts and considering that the argument in the said confiscation case has been concluded in the month of October, 2021 and still no order has been passed by the Deputy Commissioner, Sahibganj, this petition is being disposed of directing the Deputy Commissioner, Sahibganj to pass order in Confiscation Case No.14/2020-2021 arising out of Ranga P.S. Case No.99 of 2020 within four weeks from the date of receipt/production of a copy of this order.
8. With the above observation and direction, this petition stands disposed of.
(Sanjay Kumar Dwivedi, J.) Ajay/