Disposed¶5

Jamuna Saha v. the State of Jharkhand

Writ Petition (Criminal) – Release of seized vehicle

Jharkhand HC6 Aug 2024W.P.(Cr.)/226/2024

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What is this about?

Seized tractor; release of vehicle; Confiscation Case No.33 of 2022; Misc. Cr. Case No.137 of 2024; District Forest Officer Pakur; forest minerals; confiscation pending; direction to move before confiscating authority; writ disposed of; Jamuna Saha v. State of Jharkhand; W.P. (Cr.) 226/2024; Jharkhand High Court; Justice Sanjay Kumar Dwivedi; 06.08.2024; interim release remedy route through DFO.

What did the court decide?

Direction to the petitioner to move before the District Forest Officer, Pakur in the pending confiscation case for release of the seized vehicle; the quashing prayer was not entertained and no independent release was ordered by this Court. ¶5

Jamuna Saha Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 226 of 2024

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Jamuna Saha, aged about 69 years, S/o Late Panchu Sah, permanent resident of Village – Bichamahal, P.O. – Bichamahal, P.S. – Littipara, District – Pakur, Jharkhand at present R/o Village – Koriodih (Near Langta Masan Kenal Road), P.O. – Hiranpur, P.S. – Littipara, District – Pakur, Jharkhand

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.... Petitioner

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-- Versus --

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1. The State of Jharkhand

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2. The Deputy Commissioner, Pakur, P.O., P.S. & District – Pakur, Jharkhand.

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3. The Superintendent of Police, Pakur, P.O., P.S. & District – Pakur, Jharkhand.

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4. The District Forest Officer, Pakur, P.O., P.S. & District – Pakur, Jharkhand.

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5. The Officer-in-Charge, Hiranpur, P.O. & P.S. – Hiranpur, District – Pakur, Jharkhand.

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.... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Pankaj Kumar Choudhary, Advocate For the State :- Mr. Neil Abhijit Toppo, AC to GA V ----

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05 /06.08.2024 Heard learned counsel appearing for the petitioner

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and learned counsel appearing for the respondent State.

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2. The prayer in the writ petition is made for quashing of the order dated 19.01.2024 passed in Misc. Cr. Case No.137 of 2024 whereby the claim of release of the seized tractor has been rejected

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on the ground that Confiscation Case No.33 of 2022 is pending

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--1--

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W.P. (Cr.) No. 226 of 2024

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before the District Forest Officer, Pakur.

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3. Learned counsel appearing for the petitioner submits that there is no material with regard to the forest minerals, however, the confiscation case is pending there.

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4. Learned counsel appearing for the respondent State submits that rightly the learned Court has rejected the petition considering that the confiscation case is pending before the District Forest Officer, Pakur.

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5. In view of the above, the petitioner is required to move before the District Forest Officer, Pakur in the said confiscation case for release of the vehicle in question, as such this petition is being disposed of directing the petitioner to move before the District Forest Officer, Pakur for such prayer.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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--2--

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W.P. (Cr.) No. 226 of 2024

Jamuna Saha v. the State of Jharkhand

Case brief

What is this about?

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Jamuna Saha v. the State of Jharkhand

Case brief

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