Dismissed

MD Nizam v. the State of Jharkhand

Jharkhand HC13 Apr 2022Cr.M.P./2194/2021

Case brief

AI extract

What is this about?

The court passed an interim order allowing the release of seized minerals upon payment of double the cost and the retention of seized vehicles subject to furnishing an indemnity bond and specific conditions, pending the outcome of ongoing criminal proceedings.

What did the court decide?

Interim release of minerals upon double cost deposit; release of vehicles subject to indemnity bond and specific undertakings.

MD Nizam Vs the State of Jharkhand — Property and Title | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 2194 of 2021

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Md. Nizam 2. Md. Nisar 3. Bijay Krishna Singh ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioners : Mr. S.S. Choudhary, Advocate. For the State : Mr. Ravi Prakash, Spl.P.P.

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05/ 13.04.2022 Heard Mr. S.S. Choudhary, learned counsel appearing for the petitioners and Mr. Ravi Prakash, learned Spl.P.P. for the State.

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This petition has been heard 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.

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This petition has been filed for quashing of the order dated 28.07.2021, passed by the learned Sessions Judge, Sahibganj, in Criminal Revision No. 30 of 2021, whereby the said revision has been dismissed and the order dated 19.06.2021, passed by the learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) P.S. Case No. 105 of 2020 (S) has been affirmed, now pending in the court of learned Chief Judicial Magistrate, Sahibganj.

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It has been alleged in the FIR that the petitioners along with other persons have illegally transported the stone chips, which is against the provisions made in the Mines and Minerals (Development and Regulation) Act, 1957 read with Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Pursuant to that petitioners vehicles, bearing Nos. (1) BR-10-GB-2575, (2) UP-14-AT7502 and (3) WB-76-A-6063 have been seized.

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At the outset, learned counsel appearing for the petitioners submits that the petitioners are not challenging the vires of any provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel submits that the petitioners filed a petition for release of the minerals and the vehicles, which was rejected vide order dated 19.06.2021, passed by the learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) P.S. Case No. 105 of 2020 (S) and the revisional court vide its order dated 28.07.2021 passed

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in Criminal Revision No. 30 of 2021 has also rejected the prayer for release of the vehicles of the petitioners.

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Being aggrieved by the aforesaid order, the petitioners have invoked the jurisdiction in this Court under Section 482 Cr.P.C.

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Mr. S.S. Choudhary, learned counsel appearing for the petitioners submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 by virtue of Rule-13 thereof, the order may kindly be passed.

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Mr. Ravi Prakash, learned Spl.P.P., appearing for the State submits that the petitioners were not having any chit of paper i.e. driving licence or valid challan and in spite of that the stone chips were being carried out. He submits that in the light of Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the petitioners are required to pay the double amount of the minerals and the arrangement has been granted in the said Rule. He further submits that for release of the minerals and the vehicles, the petitioners are required to follow the procedure as an interim measure.

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Admittedly, the minerals and vehicles of the petitioners were seized on 12.09.2020 and the petitioners filed an application for release of the minerals and the vehicles, but the same was rejected on 19.06.2021, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the said minerals and vehicles were rejected by the concerned Court.

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There is no bar in the Mines & Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles and the minerals in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act.

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Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is amended by Jharkhand Minor Mineral Concession Amendment Rules, 2017, which reads as under:-

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^^;fn fdlh okgu dk dksbZ pkyd y?kq [kfut dks ifjogu djrs le; l{ke inkf/kdkjh vFkok funs'kd] [kku vFkok vij funs'kd] [kku vFkok mi funs'kd] [kku vFkok ftyk@lgk;d [kuu inkf/kdkjh vFkok lekgrkZ vFkok lekgrkZ ;k jkT; ljdkj n~okjk izkf/kd`r fdlh inkf/kdkjh dks izi= ^,e* vFkok >kj[k.M [kfut leuqnku fu;ekoyh] 2004 ds vUrxZr QkeZ Mh esa ifjogu pkyku fn[kkus esa vlQy jgrk gS vFkok fujh{k.k ls bUdkj djrk gS] rks

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mls vf/kdre 01 o’kZ dh dSn vFkok [kfut ewY; dh nksxquh jkf'k ds cjkcj n.M vFkok nksuksa ,d lkFk n.M fn;k tk ldrk gS rFkk nwljh ,oa rhljh ckj oS/k ifjogu pkyku izLrqr ugha fd, tkus ij mijksDr ds vfrfjDr n.M dh jkf'k Øe'k% 50]000-00 ¼ipkl gtkj :i;s ,oa 1]00]000@ ¼,d yk[k½ :i;s gksxhA tk¡p djus okys inkf/kdkjh nokjk voS/k ifjogu djrs ik;s tkus ij okgu dks [kfut lfgr tIr fd;k tk,xk rFkk ftls fdlh ljdkjh izfr"Bku esa vFkok LFkkfu; Fkkuk izkax.k esa lqjf{kr j[kk tk,xkA l{ke inkf/kdkjh nokjk voS/k ifjogudrkZ ds mijksDr n.M 'kqYd ,oa bl vk'k; dk ca/k i= ¼ Bond Paper ½ lefiZr fd, tkus ij fd U;k;ky; nokjk uksfVl fn, tkus ij mifLFkr gksaxs] okgu dks [kfut lfgr NksM+k tk ldrk gS] ijUrq voS/k ifjogudrkZ ij fu;ekuqdwy dkjZokbZ gsrq bldh lwpuk U;k;kf;d n.Mkf/kdkjh dks nh tk,xhA ca/k i= dk izi= funs'kd] [kku nokjk vyx ls ifjpkfyr fd;k tk,xkA

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On perusal of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, it transpires that the minerals can be released on payment of double amount of the cost of the minerals, to be deposited before the competent authority. As such, the petitioners are allowed to deposit the double amount in terms of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, which provides for releasing of the minerals after depositing the double amount of the cost of the minerals.

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In view of Rules 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, by way of interim order, the following orders are being passed:-

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(i) The petitioners shall deposit the double amount of the cost of the minerals before the Deputy Commissioner, Sahibganj.

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(ii) If the amount in question shall be deposited for the release of the said minerals, the said minerals shall be released forthwith without prejudice to the right and contention of the petitioners, subject to the final result of the criminal proceedings.

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So far as the release of the vehicles are concerned, the same shall be released in favour of the petitioners on their undertaking on the following terms and conditions:-

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(i) The petitioners shall furnish an indemnity bond to the satisfaction of the court below.

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(ii) One of the surety must be a resident and owner of a commercial vehicle of District Sahibganj (Jharkhand).

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(iii) That the petitioners shall not sale, mortgage or transfer

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the ownership of the vehicles on hire purchase agreement or mortgage or in any manner.

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(iv) They shall not change or tamper with the identification of the vehicles in any manner.

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(v) They shall produce the vehicles as and when directed by the Trial Court or before the confiscating authority.

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The aforesaid conditions are the subject to the final result of the confiscation proceeding and the criminal proceedings.

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With the aforesaid observations and directions, this criminal miscellaneous petition is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

MD Nizam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Nizam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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