Krishna Gope vs The State Of Jharkhand And Others
2023 Latest Caselaw 4213 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 955 of 2023

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      Krishna Gope                                    .... Petitioner
                               --   Versus      --
      The State of Jharkhand and Others               .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Saurabh Shekhar, Advocate For the State :- Mr. Deepankar Roy, Advocate

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2/08.11.2023 This petition has been filed for setting aside the order dated

10.10.2023 passed in M.C.A. No.3256 of 2023 arising out of Ratu

P.S.Case No.266 of 2022, pending in the court of learned Judicial

Magistrate- XXIV, Ranchi whereby Hywa bearing registration No.JH01BG-

1114 was not released in connection with Confiscation Case No.29 of

2023, pending before the Deputy Commissioner, Ranchi.

2. Mr. Saurabh Shekhar, the learned counsel appearing for the

petitioner submits that the petitioner is registered owner of the said

Hywa bearing registration No.JH01BG- 1114. He submits that only on the

ground that the confiscation case is initiated, the said vehicle has not

been released by the learned court. He submits that the vehicle is lying in

open and deterioration of the vehicle was considered by the Hon'ble

Supreme Court in the case of Sunder Bhai Ambalal Desai v. State of

Gujarat, (2002) 10 SCC 283. He further submits that the case of the

petitioner is covered in light of the judgment rendered in the case of

W.P.(Cr.) No.502 of 2023 decided by the order dated 13.09.2023. On this

ground, he submits that the vehicle may kindly be directed to be released

on the appropriate terms.

3. Mr. Deepankar Roy, the learned counsel appearing on behalf

of the respondent State submits that the competent authority has seized

the vehicle under Rule 11 of Jharkhand Minerals (Prevention of Illegal

Mining, Transportation and Storage) Rules, 2017. He submits that there

are provision under the said rules of appeal and revision and the

petitioner is having alternative remedy.

4. It appears, in view of the above submission of the learned

counsel for the parties, that it was considered by this Court in W.P.(Cr.)

No.502 of 2023 and considering all the aspects, the vehicle involved in

that case has been directed to be released. The case of the petitioner is

covered by the said judgment of this Court. It appears that in the light of

subsection 4A of section 21, the court is having power of taking

cognizance is only competent to direct to confiscate the vehicle. Section

22 of the Mines and Minerals (Development and Regulation) Act, 1957

(MMDR) speaks of filing of the complaint. Rule 54(5) of Jharkhand Minor

Mineral Concession (Amendment) Rules, 2017 stipulates that minerals

can be released on payment of double of the amount to the cost of the

minerals to be deposited before the competent authority. However, in the

case in hand, the petitioner is not claiming seized minerals.

5. In view of the above and considering the case of the

petitioner is covered in view of the judgment rendered in W.P.(Cr.) No.502

of 2023, the impugned order dated 10.10.2023 passed in M.C.A. No.3256

of 2023 arising out of Ratu P.S.Case No.266 of 2022, pending in the court

of learned Judicial Magistrate- XXIV, Ranchi whereby Hywa bearing

registration No.JH01BG-1114 was not released in connection with

Confiscation Case No.29 of 2023, pending before the Deputy

Commissioner, Ranchi is set aside.

6. So far the release of the vehicle is 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 indemnity bond to the satisfaction of the learned court;

(ii) One of the surety must be a resident and owner of a commercial vehicle of District Ranchi (Jharkhand);

(iii) The petitioner shall not sale, mortgage or transfer the ownership of the vehicle on hire purchase agreement of mortgage or in any manner;

(iv) He shall not change or tamper with the identification of the vehicle in any manner; and

(v) He shall produce the vehicle as and when directed by the learned trial court.

7. The aforesaid conditions are the subject to the final result

of the criminal proceeding, which is pending before the learned Judicial

Magistrate- XXIV, Ranchi in connection with Ratu P.S.Case No.266 of

2022.

8. Accordingly, W.P.(Cr.) No.955 of 2023 is allowed in the

above terms and stands disposed of.

( Sanjay Kumar Dwivedi, J.)

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