Uma Kant Ray vs The State Of Jharkhand & Others
2023 Latest Caselaw 4250 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (Cr.) No. 906 of 2023
               1.   Uma Kant Ray
               2.   Ranjit Kumar @ Ranjeet Kumar                   ... Petitioners
                                          -Versus-
                    The State of Jharkhand & 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. Rahul Dev, A.C. to S.C. (L&C)-III

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03/10.11.2023 Learned counsel for the petitioners submits that the vehicle numbers

disclosed in the impugned order dated 05.10.2023 are correct.

2. In view of his such submission, surviving defect is ignored.

3. Learned counsel for the petitioners submits that by the impugned

order, the Deputy Commissioner, Sahibganj has directed to confiscate the

vehicles in question. He submits that in light of Sub-section (4-A) of Section

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

the Court is having power to take cognizance and he is competent to pass

the order of confiscation. He also submits that the case of the petitioner is

covered in light of the judgment passed by this Court in W.P.(Cr.) No.502 of

2023, dated 13.09.2023.

4. Learned counsel for the State seeks time to file counter affidavit and

to examine the said judgment, relied by the learned counsel for the

petitioners.

5. Let this matter appear on 14.12.2023.

6. Till the next date, auction/sale of the vehicles in question in

connection with Confiscation Case No.111/2022-23 shall be kept

in abeyance.

(Sanjay Kumar Dwivedi, J.) Ajay/