authorized person to make any seizure but in the present case truck has been seized by the police officer and recommendation of the confiscation was made by the Superintendent of Police, Sahebganj. He further submits that the vehicle in question is commercial one and order has been passed without jurisdiction and this view of the matter the writ petition is well maintained. He submits that the cognizance has not been taken under the Mining Act and Rules by the learned court. The Deputy Commissioner has got no jurisdiction to pass such order against particular Act in which the cognizance has not been taken. He refers to Sub-section (4-A) of Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and submits that seized vehicle shall be liable to be confiscated by an order of the competent court to take cognizance. He further refers Section 22 of the said Act, 1957 and submits that in view of that, the cognizance can be taken on a complaint in writing made by a person authorised in this behalf. He submits that all this is lacking in the case in hand. He further submits that if the said Act is involved, only special court can proceed with the matter. He further refers to Section 30-B of the said Act, 1957 and submits that the constitution of Special Courts are provided therein. He submits that Section 30-C of the said Act, 1957 speaks of Special Courts' power. He further 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 and, therefore, an appropriate order can be passed by this court. He submits that there is no bar in the Mines and 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.
