M/S Hetamsaria Plastics Private ... vs The State Of Jharkhand
2022 Latest Caselaw 4586 Jhar

                                                      1                     Cr.M.P. No. 2269 of 2022


                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 2269 of 2022
             M/s Hetamsaria Plastics Private Limited, having its office 205A, Mahavir
             Tower, opp. G.E.L. Church Complex, Main Road, Ranchi, through its
             Director Prakash Kumar Hetamsaria, aged about 62 years, son of Late
             Shyam Sunder Hetamsaria, resident of Near Hotel Yuvraj Palace, Doranda,
             Bypass, P.O. & P.S. Doranda, District- Ranchi        ... Petitioner
                                        -Versus-
             The State of Jharkhand                               ... Opposite Party
                                              -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Amit Kumar Das, Advocate Mr. Saurav Kumar, Advocate For the Opposite Party-State : Mr. Prabir Kumar Chatterjee, S.P.P.

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06/17.11.2022. Heard Mr. Amit Kumar Das, learned counsel for the petitioner and

Mr. Prabir Kumar Chatterjee, learned counsel for the State.

2. This petition has been filed for quashing the order dated 30.05.2022

passed by the learned Judicial Magistrate, 1 st Class at Jamshedpur in G.R.

No.304 of 2022 arising out of Potka P.S. Case No.63 of 2021, whereby, the

application filed by the petitioner for release of four vehicles bearing

registration nos. JH01DV-3396, JH01CT-6429, JH01CT-2529 and JH01DQ-

1518 along with coal has been rejected, pending in the court of the learned

Judicial Magistrate, 1st Class at Jamshedpur.

3. Mr. Amit Kumar Das, learned counsel for the petitioner submits that

the petitioner is the Director of the firm namely M/s. Hetamsaria Plastics

Private Limited and the vehicles in question have been registered in the

name of the firm. He further submits that the vehicles were given on hire to

a transport contractor of M/s Rungta Mines Limited namely Maa Kali

Associates Private Limited, which was executing the contract of

transportation of coal for M/s Rungta Mines Limited. The agreement has

been annexed at Annexure-2 of the petition. He also submits that the coal

was procured by M/s Rungta Mines Limited for its Chaliyama Steel Plant,

located at Keshargaria, Rajnagar, District- Seraikella-Kharsawan from South

Africa. The bill of entry summary issued by Indian Customs has been

annexed at Annexure-3 of the petition. The coal was thereafter transported

from Odisha to Jamshedpur through Rail. The e-way bill has been annexed

at Annexure-4 of the petition. He further submits that the vehicles are lying

in open and are being deteriorated day by day.

4. On the other hand, Mr. Prabir Kumar Chatterjee, learned counsel for

the State by way of referring counter affidavit submits that no document

was produced and that is why the vehicles in question were seized.

5. In view of the above facts and submissions of the learned counsel

appearing for the parties and looking into those documents on which

reliance has been placed by Mr. Amit Kumar Das, learned counsel for the

petitioner, prima facie, it appears that valid document with regard to

transportation of coal was there. Moreover to allow to continue the vehicles

in open, no fruitful purpose will be served. A reference in this regard may be

made to the judgment passed by the Hon'ble Supreme Court in

Sunderbhai Ambalal Desai v. State of Gujarat; [(2002) 10 SCC

283]. Paragraphs 5 and 17 of the said judgment read as under:

"5. Section 451 clearly empowers the court to pass appropriate orders with regard to such property, such as:

(1) for the proper custody pending conclusion of the inquiry or trial;

(2) to order it to be said or otherwise disposed of, after recording such;

(3) If the property is subject to speedy and natural decay, the dispose of the same.

xxx xxx xxx "17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders

immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."

6. There is no bar in the Mines & Minerals (Development and

Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004

for releasing the vehicles and the minerals in the Statute, however, in the

other Statute i.e. the Indian Forest Act, there is direct bar under Section

52(c) of the said Act.

7. Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is

amended by Jharkhand Minor Mineral Concession Amendment Rules, 2017,

which reads as under:-

";fn fdlh okgu dk dksbZ pkyd y?kq [kfut dks ifjogu djrs le; l{ke inkf/kdkjh vFkok funs'kd] [kku vFkok vij funs'kd] [kku vFkok mi funs'kd] [kku vFkok [email protected];d [kuu inkf/kdkjh vFkok lekgrkZ vFkok lekgrkZ ;k jkT; ljdkj n~okjk izkf/kd`r fdlh inkf/kdkjh dks izi= ^,e* vFkok >kj[k.M [kfut leu qnku fu;ekoyh] 2004 ds vUrxZr QkeZ Mh esa ifjogu pkyku fn[kkus esa vlQy jgrk gS vFkok fujh{k.k ls bUdkj djrk gS] rks mls vf/kdre 01 o'kZ dh dSn vFkok [kfut ewY; dh nksxquh jkf'k ds cjkcj n.M vFkok nksuksa ,d lkFk n.M fn;k tk ldrk gS rFkk nwljh ,oa rhljh ckj oS/k ifjogu pkyku izLrqr ugha fd, tkus ij mijksDr ds vfrfjDr n.M dh jkf'k Øe'k% 50]000-00 ¼ipkl gtkj :i;s ,oa 1]00][email protected] ¼,d yk[k½ :i;s gksxhA tk¡p djus okys inkf/kdkjh n~okjk voS/k ifjogu djrs ik;s tkus ij okgu dks [kfut lfgr tIr fd;k tk,xk rFkk ftls fdlh ljdkjh izfr"Bku esa vFkok LFkkfu; Fkkuk izkax.k esa lqjf{kr j[kk tk,xkA l{ke inkf/kdkjh n~okjk voS/k ifjogudrkZ ds mijksDr n.M 'kqYd ,oa bl vk'k; dk ca/k i= ¼ Bond Paper½ lefiZr fd, tkus ij fd U;k;ky; n~okjk uksfVl fn, tkus ij mifLFkr gksaxs] okgu dks [kfut lfgr NksM+k tk ldrk gS] ijUrq voS/k ifjogudrkZ ij fu;ekuqdwy dkjZokbZ gsrq bldh lwpuk U;k;kf;d n.Mkf/kdkjh dks nh tk,xhA ca/k i= dk izi= funs'kd] [kku n~okjk vyx ls ifjpkfyr fd;k tk,xkA"

8. On perusal of Rule 54(5) of the Jharkhand Minor Mineral Concession

Amendment Rules, 2017, it transpires that the minerals can be released on

payment of double amount of the cost of the minerals, to be deposited

before the competent authority. As such, the petitioners are allowed to

deposit the double amount in terms of Rule 54(5) of the Jharkhand Minor

Mineral Concession Amendment Rules, 2017, which provides for releasing of

the minerals after depositing the double amount of the cost of the minerals.

9. In view of the above facts, reasons and analysis and considering that

the vehicles are being deteriorated while kept in open in police station, the

order dated 30.05.2022 passed by the learned Judicial Magistrate, 1 st Class

at Jamshedpur in G.R. No.304 of 2022 arising out of Potka P.S. Case No.63

of 2021, pending in the court of the learned Judicial Magistrate, 1 st Class at

Jamshedpur is, hereby, set aside.

10. In view of Rules 54(5) of the Jharkhand Minor Mineral Concession

Amendment Rules, 2017 and considering that documents of coal has been

brought on record, by way of interim order the following orders are

being passed:-

(i) The petitioners shall furnish the bond for release of coal to the

satisfaction of the learned court.

(ii) On being satisfied with the said bond furnished for release of

the coal, the coal shall be released forthwith without prejudice

to the right and contention of the petitioner, subject to the final

result of the criminal proceedings.

11. So far as the release of the vehicles are concerned, the same shall be

released in favour of the petitioner on his undertaking on the following

terms and conditions:-

(i) The petitioner shall furnish an indemnity bond to the

satisfaction of the learned lower court.

(ii) One of the surety must be a resident and owner of a

commercial vehicle of District- East Singhbhum (Jharkhand).

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

ownership of the vehicles on hire purchase agreement or

mortgage or in any manner.

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

vehicles in any manner.

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

Court or before the confiscating authority.

12. The aforesaid conditions are the subject to the final result of the

confiscation proceeding and the criminal proceedings.

13. With the aforesaid observations and directions, this criminal

miscellaneous petition is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/