Jharkhand High Court
Sikandar Singh vs The State Of Jharkhand on 21 February, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 1209 of 2023
Sikandar Singh ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Sahibganj
3. The District Mining Officer, Sahibganj
4. The Officer-in-Charge, Barhait Police Station, Sahibganj
... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner: Mr. Gautam Kumar, Advocate
Ms. Savita Kumari, Advocate
For the State: Mr. Manoj Kumar, G.A.-III
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04/Dated: 21.02.2024
1. Heard learned counsel for the parties.
2. The present criminal writ petition has been filed for issuance of an appropriate writ(s)/order(s)/direction(s) commanding upon the respondents for the following relief(s):-
"i. For quashing of the Order dated 23.06.2023 (Annexure-5) passed by the learned District Magistrate-cum-Deputy Commissioner, Sahibganj (Respondent No.2) in confiscation Case No. 64/2022-2023 whereby and where the vehicle/Truck of the petitioner bearing Registration No. BR- 10GA/8328 is directed to be confiscated in view of the Rules 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 in connection with Barhait P.S. Case No.83 of 2022 lodged under sections 175, 379, 414 of the Indian Penal Code, Section 21(A) and 21(6) of Mines and Minerals Development and Exchange Act, 1957, under Rules 04/54 Rule 04/54 of Jharkhand Minor Mineral Concessions Rules, 2004, which is now pending in the court of the learned Sub-Divisional Judicial Magistrate, Sahibganj.
ii. For a further direction upon the respondents to release the vehicle i.e. Truck bearing Registration No. BR-10GA/8328 in favour of the petitioner with an immediate effect with such surety or security as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iii. For a further direction upon the respondents to pay a suitable compensation to the petitioner since the confiscation proceedings of Confiscation Case No. 64/2022-2023 is totally illegal and beyond the jurisdiction of the respondents as per the provision under sections 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
And/Or iv. Pass such other appropriate writ(s)/ order(s)/ direction(s) as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner."
3. It appears that a criminal case has been lodged being Barhait P.S. Case No.83 of 2022 registered under Sections 175, 379, 414 of the Indian Penal Code, Section 21(A) and 21(6) of Mines and Minerals Development and Exchange Act, 1957 and under Rules 04/54 of Jharkhand Minor Mineral Concessions Rules, 2004, which is now pending in the court of the learned Sub-Divisional Judicial Magistrate, Sahibganj.
4. The present writ petition has been filed for quashing the order dated 23.06.2023 passed by the court of District Magistrate-cum-Deputy Commissioner, Sahibganj in Confiscation Case No.64/2022-23 whereby, the seized vehicle of the 2. petitioner has been ordered to be confiscated in connection with Barhait P.S. Case No.83 of 2022.
5. 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 question and this issue has already been settled by this Court vide order dated 8th January, 2024 passed in W.P.(Cr.) No.751 of 2023.
6. 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 23.06.2023 passed by the District Magistrate-cum- Deputy Commissioner, Sahibganj in Confiscation Case No.64/2022-23 is hereby, quashed and set aside.
7. Accordingly, this criminal writ petition stands allowed.
8. However, the petitioner is at liberty to approach the learned court below, who has taken cognizance of the offence, for release of the vehicle. If such application is filed, then the learned Court below is directed to consider the same on its own merit and shall take a decision as early as possible.
(Rajesh Kumar, J.) VK