Sudhanshu Shekhar Vs State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Sudhanshu Shekhar Vs State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petition allowed and disposed of: confiscation order dated 25.07.2023 quashed and tractor Regn. No. JH-04K-3533 to be released to the petitioner on undertaking under specified conditions, subject to the final result of the pending criminal proceeding.

Issue for consideration

Whether the order dated 25.07.2023 in Confiscation Case No.10 of 2022-23 (arising out of Saraiyahat P.S. Case No.86 of 2022), confiscating the petitioner's tractor Regn. No. JH-04K-3533, should be quashed. +2 more

Court's answer

In view of the settled principle, the order dated 25.07.2023 in connection with the Confiscation Case No.10 of 2022-23 arising out of Saraiyahat P.S. Case No.86 of 2022 is hereby quashed.

Ratio / Principle

The power on the basis of which the confiscation order was passed has already been declared ultra vires by the Division Bench of this Court in W.P. (C.) No.6788 of 2023.

Key takeaways

Under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, a case can be registered only on the basis of a complaint.ratio¶20
Sub-section 4A of Section 21 stipulates that equipment and vehicles can be confiscated only by an order of the Court competent to take cognizance.ratio¶20
The vehicle shall be released in favour of the petitioner on undertaking, subject to conditions: furnishing an indemnity bond to the satisfaction of the learned Court; one surety being a resident and owner of a commercial vehicle of District Dumka (Jharkhand); no sale, mortgage or transfer of ownership; no change or tampering with the identification of the vehicle; and production of the vehicle as and when directed by the learned trial court.

Detailed headnote1 paragraphs

W.P. (Cr.) No. 360 of 2024 (High Court of Jharkhand, Ranchi; Sanjay Kumar Dwivedi, J.; decided 23.07.2024): Petition seeking quashing of the order dated 25.07.2023 in Confiscation Case No.10 of 2022-23 arising out of Saraiyahat P.S. Case No.86 of 2022, whereby the petitioner's tractor Regn. No. JH-04K-3533 — seized allegedly while illegally carrying sand — was directed to be confiscated. Held: the power on the basis of which the order was passed had already been declared ultra vires by the Division Bench of this Court in W.P. (C.) No.6788 of 2023 (order dated 22.07.2024); further, under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 a case can be registered only on the basis of a complaint, and sub-section 4A of Section 21 stipulates that equipment and vehicles can be confiscated only by an order of the Court competent to take cognizance. The confiscation order was quashed; the vehicle was directed to be released to the petitioner on undertaking — indemnity bond, a District Dumka commercial-vehicle-owner surety, no sale/mortgage/transfer, no tampering with identification, and production of the vehicle when directed — subject to the final result of the pending criminal proceeding. Judgment of this Court in W.P. (Cr.) No.502 of 2023 was invoked by counsel and accepted by the State; the court did not expressly analyse it.

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 360 of 2024

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Sudhanshu Shekhar .... Petitioner

-- Versus -- 1. The State of Jharkhand

Deputy Commissioner, Dumka, P.O & P.S. Dist. – Dumka

Superintendent of Police, Dumka, P.O. & P.S. – Dumka

Officer in charge, Sariyahat, P.O. & P.S.- Saraiyahat, Dumka .... Respondents

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Onkar Nath Tewary, Advocate For the State :- Mr. Krishna Prajapati, AC to SC - V

04 /23.07.2024 Heard learned counsel appearing for the petitioner

and learned counsel appearing for the State.

2. The prayer in this petition is made for quashing of the order dated 25.07.2023 in connection with the Confiscation Case No.10 of 2022-23 arising out of Saraiyahat P.S. Case No.86 of 2022 pending in the Court of learned Judicial Magistrate, 1^st Class, Dumka.

3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the said vehicle (Tractor) in question bearing Registration No. JH-04K-3533 which is directed to be confiscated pending in the Court of learned Judicial Magistrate, 1^st Class, Dumka. He submits that the said tractor was seized on the ground that illegally sand was being carried. He further submits that the Deputy Commissioner passed the order directing to confiscate the vehicle in question. He further submits that so far Rule 11(v) of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and

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Storage) Rules, 2017 is concerned that has already been declared ultra vires by the Division Bench of this Court by order dated 22.07.2024 passed in W.P.(C) No. 6788 of 2023 and on this ground, he submits that the vehicle may kindly be directed to be released. He further submits that the case of the petitioner is fully covered in view of the judgment of this Court passed in W.P. (Cr.) No.502 of 2023 by order dated 13.09.2023.

4. Learned counsel appearing for the State accepts the said submission as the case of the petitioner is covered in the light of judgment of this Court in W.P. (Cr.) No.502 of 2023.

5. In view of the above, it transpires that the power on the basis of which the order has been passed has already been declared ultra vires by the Division Bench of this Court in W.P. (C.) No.6788 of 2023. In view of Section 22 of Mines and Minerals (Development and Regulation) Act, 1957 only on the basis of complaint, the case can be registered and further sub-section 4A of Section 21 stipulates that the equipment and vehicle can be confiscated by an order of the Court competent to take cognizance.

6. In view of the settled principle, the order dated 25.07.2023 in connection with the Confiscation Case No.10 of 2022-23 arising out of Saraiyahat P.S. Case No.86 of 2022 is hereby quashed.

7. So far as the release of the vehicle is concerned, the same shall be released in favour of the petitioner on the undertaking on

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the following terms and conditions:

(i) The petitioner shall furnish indemnity bond to the

satisfaction of the learned Court.

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

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

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

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

8. The aforesaid conditions are the subject to the final result of the criminal proceeding, which is pending before the learned Chief Judicial Magistrate, 1^st Class, Dumka in connection with the Confiscation Case No.10 of 2022-23 arising out of Saraiyahat P.S. Case No.86 of 2022.

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

(Sanjay Kumar Dwivedi, J.)

Sangam/

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