Naresh Prasad Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(Cr.) No. 179 of 2024

Naresh Prasad aged about 33 years, son of Nageshwar Mahto, resident of village-Gilani, P.O. Gilani, P.S. Sare, District-Nalanda (Bihar)

¶4

..... … Petitioner Versus 1. State of Jharkhand. 2. The Mines Commissioner, Ranchi, At Nepal House, P.O. and P.S. Doranda, District-Ranchi 3. The Deputy Commissioner, Dumka, P.O., P.S. and District-Dumka 4. The Superintendent of Police, Dumka, P.O., P.S. and District-Dumka 5. The District Mining Officer, Dumka, P.O., P.S. and District-Dumka 6. The Officer-in-Charge, Shikaripara, Dumka, P.O. P.S. Shkaripara, District-Dumka.

¶5

..... … Respondents

¶6

¶7

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----For the Petitioner : Mr. Ashok Kr. Sinha (4), Advocate. For the State : Mr. Sreenu Garapati, S.C.-III Mr. Shivam Anand Pathak, A.C. to S.C.-III

¶8

¶9

05/ 07.08.2024 Heard learned counsel appearing for the petitioner and learned counsel for the respondents-State.

¶10

The prayer in this petition is made for quashing of the order dated 30.05.2023, whereby the Truck bearing Registration Nos. BR 21GB 2470 of the petitioner has been directed to be confiscated by the Deputy Commissioner, Dumka, in Confiscation Case No. 12 of 2022-2023 arising out of Shikaripara P.S. Case No. 114 of 2022, pending in the Court of learned C.J.M., Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Truck bearing Registration Nos. BR 21GB 2470. He submits that the said vehicle was seized on the allegation of illegal transportation of 800 cft stone chips. He further submits that the case has been registered under Section 379/411 of the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and

¶11

-1-

¶12

Rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017. He submits that the said confiscation order has been passed on the strength of Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. He further submits that the said Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 has been declared ultra vires by the Division Bench of this Court by order dated 02.07.2024 passed in W.P. (C) No.6788 of 2023. He further submits that the confiscation only can be made by a court, who is competent to take cognizance in the light of sub-section 4A of the Section 21 of Mines and Minerals (Development & Regulation) Act, 1957. He submits that the case of the petitioner is fully covered with W.P.(Cr). No. 502 of 2023.

¶13

Mr. Sreenu Garapati, learned counsel for the respondent-State submits the stone chips were being carried out illegally by the said vehicle however, he does not dispute that Rule 11(v) has already been declared ultra vires by the Hon’ble Division Bench of this Court

¶14

In view of the above, it transpires that the said Rule 11(v) has already been declared ultra vires and in view of subsection 4A of Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, the Court having the power of taking cognizance can confiscate the vehicle in question. Rule 11(v) has been declared ultra vires and on the basis of which, the Deputy Commissioner, Dumka has passed the order to confiscate the said vehicles. Further in identical situation the prayer of other coaccused has been allowed in W.P.(Cr). No. 152 of 2024 and W.P.(Cr.) No. 180/2024.

¶15

As such the order dated 30.05.2023, whereby the Truck bearing Registration Nos. BR 21GB 2470 of the petitioner has been directed to be confiscated by the Deputy Commissioner, Dumka, in Confiscation Case No. 12 of 2022-2023 arising out of Shikaripara P.S. Case No. 114 of 2022, pending in

¶16

-2-

¶17

the Court of learned C.J.M., Dumka, is hereby, quashed.

¶18

So far as the release of the vehicle is concerned, the same shall be released in favour of the petitioner on the undertaking on the following terms and conditions:

¶19

(i) The petitioner shall furnish indemnity bond to the satisfaction of the learned Court.

¶20

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

¶21

(iii) The petitioner shall not sale, mortgage or transfer the ownership of the vehicles on hire purchase agreement or mortgage or in any manner.

¶22

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

¶23

(v) He shall produce the vehicles as and when directed by the learned trial court.

¶24

The aforesaid conditions are the subject to the final result of the criminal proceeding, which is pending before the Court of learned C.J.M., Dumka, in connection with Shikaripara P.S. Case No. 114 of 2022.

¶25

Accordingly, this petition is allowed in above terms and disposed of. Pending I.A, if any, stands disposed of.

¶26

(Sanjay Kumar Dwivedi, J.)

¶27

satyarthi

¶28

-3-

Naresh Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Naresh Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jamuna Saha Vs the State of Jharkhand

Pramod Kumar Vs the State of Jharkhand

Nirmal Masaat Vs the State of Jharkhand

Rajesh Oraon Vs the State of Jharkhand

Ganga Devi Vs the State of Jharkhand

Ganesh Mahato Vs the State of Jharkhand