Writ petition challenging confiscation of petitioner's truck in a mining offence case. The court held the Deputy Commissioner lacked power to order confiscation, as only the criminal court taking cognizance is competent, quashed both impugned orders and permitted the petitioner to seek release before the trial court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.04 of 2024
Jai Ram Singh … …Petitioner
Versus
… … Respondents
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Kumar Harsh, Adv. For the State : Manoj Kumar, G.A.-III.
04/21.03.2024: Present writ petition has been filed by the petitioner(s) for the
following relief(s):-
(a) For issuance of a writ, order or direction for quashing the order dated 11.04.2023 (Annexure-3) passed by the Respondent No. 2 in Confiscation Case No. 23/2021, whereby and whereunder the Respondent No. 2 has confiscated the Hywa Truck of the petitioner bearing Registration No. JH09AL-9297 and issued direction to the District Mining Officer, Chaibasa to dispose of the said Hywa truck; of which the petitioner is the bonafide owner.
AND
(b) The petitioner further prays for quashing the order dated 14.09.2022 passed by the learned S.D.J.M. Sadar, at Chaibasa in Misc. Cri. Application No. 744/2022 in relation to Noamundi P.S. Case No. 20/2021.
AND
(c) After quashing such order, direction may be issued for release the Hywa Truck of the petitioner bearing Registration No.JH09AL-9297.
-2 W.P.(Cr.) No.04 of 2024
Singhbhum, Chaibasa to auction the said Hywa, which is not as per the law and no such power is vested to the Deputy Commissioner.
(Rajesh Kumar, J.)
Ravi/Uploaded
2 issues framed by the court
Whether the Deputy Commissioner was competent to confiscate a vehicle under the MMDR Act when cognizance had been taken by the criminal court.
Whether the orders of confiscation dated 11.04.2023 and rejection of release dated 14.09.2022 should be quashed.
4 provisions across 3 enactments
Jai Ram Singh
The State of Jharkhand
Deputy Commissioner, West Singhbhum, Chaibasa
District Mining Officer, West Singhbhum at Chaibasa
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
