Allowed¶19

MD Sahim Adil v. the State of Jharkhand

Jharkhand HC10 Jun 2025W.P.(Cr.)/327/2025

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; W.P.(Cr.) No. 327 of 2025; decided 10.06.2025; Ananda Sen, J.; writ petition allowed; vehicle confiscation under Rule 11(v) of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017; Rule 11(v) ultra vires per Division Bench in WP(C) No. 6788 of 2023; Deputy Commissioner lacked jurisdiction; Confiscation Case No. 12/2022 set aside; consequential orders set aside; release of vehicle Regn. No. OR 09J 9638 after document verification; illegal mining; West Singhbhum; Nowamundi.

What did the court decide?

Writ petition allowed: the confiscation order dated 23.3.2023 in Confiscation Case No. 12/2022 and all consequential orders set aside; vehicle bearing Registration No. OR 09J 9638 directed to be released forthwith after proper verification of documents. ¶19

MD Sahim Adil Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:15015

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 327 of 2025

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Md. Sahim Adil, son of Md. Mokarim, resident of Champua, Muslim Basti, P.O and P.S. Champua, District Kendujhar, Odisha 758041. . … Petitioner(s).

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Chaibasa, West Singhbhum.

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The Superintendent of Police, West Singhbhum.

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The Mines Inspector, Nowamundi, West Singhbhum.

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The Officer-in-Charge, Nowamundi Police Station, West Singhbhum.

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….. Respondent(s)

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CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : M/s Ranjit Kr. Tiwari and Deepak Kumar, Advocates. For the State : Mr. Saurav Mahto, AC to GP-I

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03/10.06.2025:

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Heard the learned counsel for the parties.

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In this writ petition, the petitioner has prayed for quashing the order dated 23.3.2023 (final Order) passed in Confiscation Case No. 12/2022, whereby, the learned Deputy Commissioner, West Singhbhum at Chaibasa has passed an order to confiscate the vehicle bearing Registration No. OR 09J 9638 of this petitioner.

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Counsel for the petitioner submits that the vehicle was confiscated in Confiscation Case No. 12/2022. It is his contention that the impugned order is absolutely bad as the Deputy Commissioner has got no jurisdiction. He further submits that now the entire confiscation case is without jurisdiction as the Deputy Commissioner is not an appropriate authority to confiscate the vehicle under the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

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Learned counsel for the State admits that Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 has been declared ultra vires by Division Bench of this Court in WP(C) No. 6788 of 2023.

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Admittedly, the confiscation proceeding was in terms of Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The aforesaid provision has been declared ultra vires by the Division Bench of this Court in WP(C) No. 6788 of 2023.

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Since the provision of law under which, confiscation was done has been declared ultra vires, the entire confiscation proceeding being Confiscation Case No. 12/2022 before the Deputy Commissioner, West Singhbhum at Chaibasa is set aside. All consequential orders are also set aside. Thus, this Court directs that the vehicle of the petitioner bearing Registration No. OR 09J 9638 be released forthwith after proper verification of the documents.

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Accordingly, this writ petition stands allowed.

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(ANANDA SEN, J.)

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Anu/-CP-3

MD Sahim Adil v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Sahim Adil v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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