Nazir Ansari Alias MD Nazir Ansari Vs the State of Jharkhand

( 2026:JHHC:19973 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1937 of 2026

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Nazir Ansari @ Md. Nazir Ansari, aged about 45 years, son of Safiruddin Ansari, resident of Village-Isri Bazar, Utari Isri Bazar, P.O. & P.S.-Dumri, District-Giridih (Jharkhand).

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… Petitioner

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Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Ms. Lina Shakti, Advocate For the State : Mr. P.K. Chatterjee, Spl.P.P. ------ P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer to quash and set aside the order dated 21.08.2024 passed by learned Judicial Magistrate-1^st Class, Giridih in M.C.A. No.5393 of 2024 arising out of Nimiyaghat P.S. Case No.11 of 2022 whereby and where under the learned Judicial Magistrate-1^st Class, Giridih has rejected the petition filed by the petitioner for release of the vehicle on the ground that in respect of the same, a confiscation proceeding has already been initiated.

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It is next submitted that though the petitioner has filed Criminal Revision No.04 of 2025 and the same was dismissed by the learned Additional Session Judge-IV, Giridih vide order dated 10.03.2025, but the

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Cr. M.P. No.1937 of 2026

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( 2026:JHHC:19973 )

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said order dated 10.03.2025 passed by the learned Additional Sessions Judge-IV, Giridih is not under challenge in this criminal miscellaneous petition.

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The brief fact of the case is that the truck of the petitioner was involved in transportation of illegally extracted coal from protected forest area and consequent upon seizure of the said truck, a confiscation proceeding has been initiated vide Confiscation Case no.23 of 2024.

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Learned counsel for the petitioner submits that the petitioner is the only owner of the seized vehicle, but he has no concern or connection with alleged coal which was being illegally extracted and loaded in the truck, hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed.

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Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that once the confiscation proceeding is initiated and the intimation of the same is given to the Magistrate under Section 52 C of the Indian Forest Act, 1927 as amended by Bihar Act No.09 of 1990, the jurisdiction of the Court to release of the property including vehicle in respect of which the confiscation proceeding is initiated is barred, so the learned Magistrate has rightly rejected the prayer for the release of the vehicle; without having any jurisdiction to release the same, in view of the initiation of the confiscation proceeding, hence, it is submitted that the there is no illegality in the order passed by the learned Judicial

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Cr. M.P. No.1937 of 2026

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Magistrate-1^st Class, Giridih. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that the undisputed facts remains that the Confiscation Case No.23 of 2024 has been initiated by the DFO, East Division, Giridih in connection with the vehicle seized and the intimation of the same has been given to the learned Judicial Magistrate-1^st Class, Giridih, so in view of the Section 52 C of the Indian Forest Act, 1927 as amended by Bihar Act No.09 of 1990, the jurisdiction of the Court is barred to pass any order in respect of such property. In view of this specific provision of law, the impugned order of the learned Judicial Magistrate-1^st Class, Giridih, in rejecting the prayer of the petitioner for release of the vehicle do not suffer from any illegality; warranting interference of this Court in exercise of its power under Section 528 of BNSS, 2023.

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