Allowed

Jiyaul Ansari v. the State of Jharkhand

Jharkhand HC23 Jul 2024W.P.(Cr.)/346/2024

Case brief

AI extract

What is this about?

Petitioners challenged confiscation of their motorcycles carrying alleged illegally transported coal. The Court held that Section 21(4-A) MMDR Act vests confiscation power only in the court competent to take cognizance, and Rule 11(v) had been declared ultra vires by a Division Bench. It set aside the confiscation order and directed release of the vehicles on conditions.

What did the court decide?

Confiscation order dated 16.01.2024 set aside; motorcycles directed to be released on furnishing indemnity bond and conditions, subject to final result of criminal proceeding.

Jiyaul Ansari Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 346 of 2024

¶2

----

¶3

1. Jiyaul Ansari aged about 23 years, son of Ful Mohammad Ansari, resident of Khadhara Mal, P.O. and P.S. Mahagama, District – Godda, Jharkhand

¶4

2. Md. Ekramul Ansari, aged about 25 years, son of Md. Buka Ansari, resident of village Mohanpur, P.O. & P.S. Mahagama, District – Godda, Jharkhand .... Petitioners

¶5

-- Versus --

¶6

1. The State of Jharkhand, Principal Secretary, Department of Mines and Minerals, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District – Ranchi

¶7

2. The Deputy Commissioner, Godda, P.O. and P.S. Godda, District – Godda, Jharkhand .... Respondents

¶8

¶9

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶10

--For the Petitioners :- Md. Zaid Ahmed, Advocate For the State :- Mr. Indranil Bhaduri, Advocate ---04 /23.07.2024 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

¶11

2. The prayer in the petition is made for quashing of the order dated 16.01.2024 passed in Confiscation Case No.49 of 2023-24 whereby the prayer in the petition to release the motorcycles of these petitioners bearing Registration No. JH-17S-4078 and Registration No. JH-17AA-3840 have been rejected and directed to be confiscated.

¶12

3. Learned counsel appearing for the petitioners submits that the

¶13

petitioners are the owner of the motorcycles in question. He further

¶14

--1--

¶15

W.P. (Cr.) No. 346 of 2024

¶16

submits that Mahagama P.S. Case No.161 of 2023 dated 11.07.2023 has been registered on the basis of written application filed by the Area Security In-charge of ECL, Rajmahal Area alleging that 2.5 quintal coal was loaded on each of the motorcycles and pursuant to that the said motorcycles have been seized. He further submits that the petitioner No.1 is the registered owner of motorcycle bearing its Registration No. JH-17S-4078 and the petitioner No.2 is the owner of motorcycle bearing Registration No. JH-17AA-3840. The petitioners have filed their show cause in Confiscation Case No.49 of 2023-24 by order dated 16.01.2024 and the motorcycles of these petitioners have been directed to be confiscated along with coal loaded in the said motorcycle. He further submits that the petitioners have nothing to do with the loaded coal. He submits that the Deputy Commissioner is having the power of confiscation in right of Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the said rule was challenged before this Court and the Division Bench by judgment dated 22.07.2024 passed in WP (C) No.6788 of 2023 has been pleased to held the said rule as ultra vires. He submits in view of that the Court who is having the jurisdiction of taking cognizance only can pass the appropriate order. He further submits that the matter is fully covered in view of the judgment of this Court passed in W.P. (Cr.) No.502 of 2023.

¶17

4. Learned counsel appearing for the State submits that the case of the petitioner is covered in the light of judgment of this Court in

¶18

--2-- W.P. (Cr.) No. 346 of 2024

¶19

W.P. (Cr.) No.502 of 2023.

¶20

5. Sub-section (4-A) of Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 clearly suggests that any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance.

¶21

6. Section 22 of the said Act speaks of cognizance of offence and further Rule 11(v) has already been declared ultra vires by the Division Bench of this Court as such the order dated 16.01.2024 passed in Confiscation Case No.49 of 2023-24 is hereby set aside. 7. So far as the release of the vehicles is concerned, the same shall be released in favour of the petitioners on the undertaking on the following terms and conditions:

¶22

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

¶23

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

¶24

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

¶25

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

¶26

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

¶27

--3--

¶28

W.P. (Cr.) No. 346 of 2024

¶29

8. The aforesaid conditions are the subject to the final result of the criminal proceeding, which is pending before the learned Judicial Magistrate, Godda. in connection with Mahagama P.S. Case No.161 of 2023.

¶30

9. Accordingly, this petition is allowed in above terms and

¶31

disposed of.

¶32

(Sanjay Kumar Dwivedi, J.)

¶33

Sangam/

¶34

--4--

¶35

W.P. (Cr.) No. 346 of 2024

Jiyaul Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jiyaul Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Sahu Vs the State of Jharkhand

Sunil Kumar Sahu Alias Sunil Kumar Teli Vs State of Jharkhand through the Chief Secretary

Prahlad Rai Bhojgadiya Vs the State of Jharkhand

Sudhanshu Shekhar Vs State of Jharkhand

Rajeev Bhadoria Vs State of Jharkhand through Secretary Home

Asrar Sekh Alias MD Asrar Alias MD Asrar Sekh Vs the State of Jharkhand