Shobha Kant Ray @ Shobha Kant @ ... vs The State Of Jharkhand And Others
2023 Latest Caselaw 4214 Jhar

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 902 of 2023

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1.Shobha Kant Ray @ Shobha Kant @ Shobha Kant Rai

2.Pawon Kumar Singh @ Pawan Singh @ Pawan Kumar Singh .... Petitioners

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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 Petitioners :- Mr. Ashish Kumar Thakur , Advocate For the State :- Mr. Rakesh Kumar Shahi, Advocate

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2/08.11.2023 Learned counsel for the petitioners submits that the case being Mirzachowki P.S.Case No.109 of 2022 is registered under the I.P.C sections as well as under the Mines and Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 and Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. He submits that in light of sub section 4A of section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, the court who is having power to take cognizance is only competent to confiscate the vehicle. He submits that confiscation proceeding is going on before the Deputy Commissioner, Sahibganj. He submits that in the said confiscation proceeding, the petitioners have not appeared, however, a petition filed for release before the learned S.D.M., Sahebganj has been rejected. He submits that in the order sheet, it has been observed that the valid document of the vehicle is produced and in spite of that the vehicle has not been released. He submits that the case of the petitioners are fully covered in view of the judgment rendered in the case of W.P.(Cr.) No.502 of 2023.

2. Learned counsel for the respondent State submits that he will go through the said judgment to assist the Court on the next date of listing.

3. Let it appear on 14.12.2023.

4. Till the next date, the vehicles bearing registration nos. BR01 GC 8354 and BR11 GC 8551 shall not be auctioned.

( Sanjay Kumar Dwivedi, J.)

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