Md. Taslim @ Md. Taslim Ansari @ ... vs The State Of Jharkhand & Others
2023 Latest Caselaw 4190 Jhar

                                    1

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P.(Cr) No. 981 of 2023

     Md. Taslim @ Md. Taslim Ansari @ Taslim Ansari
                                               ....     ...Petitioner
                               Versus
     The State of Jharkhand & Others.

                                                  ..... ...Respondents

     CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                              ------

For the Petitioner: Mr. Ashish Kumar Thakur, Advocate For the State : Mr. Deepankar Roy, Advocate

02/ Dated:-07.11.2023 Learned counsel for the petitioner submits that so far as

defect with regard to certified copy of Annexure-3 is concerned that

has not been supplied as yet and the same shall be filed before the

next date of listing.

2. He submits that there is urgency in the matter as in the light

of confiscation there is direction to auction sale of the vehicle

bearing No. JH-09-Z-5363 today itself. He submits that the

confiscating authority has no jurisdiction in view of sub-section (4-A)

of Section 21 of the Mines and Minerals (Development and

Regulation) Act, 1957 and only Court is having jurisdiction to take

cognizance can direct for confiscation. He submits that the case of

the petitioner is fully covered with the judgment of W.P.(Cr). No.

502 of 2023.

3. Learned counsel for the respondent-State shall take

instruction and file counter-affidavit within four weeks and he will go

through the judgment which has been relied by the learned counsel

for the petitioner.

4. Let it appear on 14.12.2023.

5. Till the next date auction sale shall be kept in abeyance

in Confiscation Case No. 25/2021-22 arising out of Barhet P.S. Case

No. 02/2021, pending in the Court of learned C.J.M. at Sahebganj.

(Sanjay Kumar Dwivedi, J.) Satyarthi/-