Ramashish Roy Alias Ramashsih Singh Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 387 of 2024

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Ramashish Roy @ Ramashsih Singh, aged about 55 years, son of Late Medni Roy, R/o – Village – Karmatand, P.O.+P.S. – Govindpur, District - Dhanbad .... Petitioner

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-- Versus --

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1. The State of Jharkhand

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2. The Secretary, Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House, P.O. & P.S. – Doranda, District – Ranchi

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3. The Deputy Commissioner, Giridih, having its office at Collectorate, P.O., P.S. and District – Giridih, Jharkhand

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4. The Superintendent of Police, Giridih, having its office at Office of the Superintendent of Police, P.O., P.S. and District – Giridih, Jharkhand

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5. The District Mining Officer, having its office at Giridih, P.O., P.S. and District – Giridih, Jharkhand

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6. The Investigating Officer in Nimiyaghat P.S. Case No.98/2023, having its office at Nimiyaghat, P.O. and P.S. Nimiyaghat, District – Giridih, Jharkhand

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7. The Officer-in-Charge, Nimiyaghat Police Station, having its office at Nimiyaghat, P.O. and P.S. – Nimiyaghat, District – Giridih, Jharkhand .... Respondent s

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Prashant Kumar Rai, Advocate :- Mr. Anuj Kumar Trivedi, Advocate For the State :- Mr. Rakesh Kr. Shahi, Advocate ---04 /21.08.2024 Heard learned counsel appearing for the petitioner

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and learned counsel appearing for the State.

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W.P. (Cr.) No. 387 of 2024

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2. The prayer in this petition is made for quashing of the order dated 22.04.2024 passed in MCA No.1068/2024 arising out of Nimiyaghat P.S. Case No.98 of 2023 pending in the Court of learned Judicial Magistrate, 1^st Class, Giridih.

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3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Truck bearing Registration No. JH10CL-1593. He submits that the said truck was seized pursuant to allegation of Jharkhand Mines and Mineral Concession Rules as well as Sections of IPC and the Coal Mines Act. He further submits that by interim order dated 22.04.2024, the learned Court has rejected the petition of releasing the truck in question on the ground that the confiscation proceeding is pending before the Deputy Commissioner. He further submits that in view of Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 power has been provided to the Deputy Commissioner, however the said 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 and only on the complaint under the Minerals Act, the case can be registered.

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Learned counsel appearing for the State submits that the allegations are there of illegally transporting the coal on the said

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W.P. (Cr.) No. 387 of 2024

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truck, however, he is not disputing that 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.

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5. In view of the above and considering that the learned court has rejected the prayer on the ground that the confiscation proceeding is pending before the Deputy Commissioner and the power of Deputy Commissioner pursuant to Rule 11(v) which has already been declared ultra vires by Division Bench of this Court and further in light of sub-section 4A of the Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, the court having the power of taking cognizance can confiscate the vehicle in question and several vehicles have been directed to be released by this Court based on this fact. As such the order dated 22.04.2024 passed in MCA No.1068/2024 arising out of Nimiyaghat P.S. Case No.98 of 2023 pending in the Court of learned Judicial Magistrate, 1^st Class, Giridih is hereby quashed.

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6. 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:

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

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

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W.P. (Cr.) No. 387 of 2024

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(iii) The petitioner shall not sale, mortgage or transfer the

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ownership of the vehicle on hire purchase agreement

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or mortgage or in any manner.

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(iv) He shall not change or tamper with the identification of

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the vehicle in any manner.

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(v) He shall produce the vehicle as and when directed by

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the learned trial court.

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7. The aforesaid conditions are the subject to the final result of the criminal proceeding, which is pending before the learned Judicial Magistrate, 1^st Class, Giridih

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

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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W.P. (Cr.) No. 387 of 2024

Ramashish Roy Alias Ramashsih Singh v. the State of Jharkhand

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Ramashish Roy Alias Ramashsih Singh v. the State of Jharkhand

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