Jharkhand High Court
Subhash @ Subash Patel vs The State Of Jharkhand & Ors on 17 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 292 of 2023
Subhash @ Subash Patel . ..... ... Petitioner
Versus
The State of Jharkhand & Ors. ..... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Sanjeev Kumar, Advocate.
For the State : Mr. Deepankar, A.C. to G.A.-III.
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05/ 17.10.2023 Heard Mr. Sanjeev Kumar, learned counsel appearing for
the petitioner and Mr. Deepankar, learned counsel for the State.
2. This petition has been filed for setting aside the order dated
03.02.2023, passed in Cr. Rev. No. 100 of 2022 by the learned Sessions
Judge, Garhwa as well as the order dated 28.06.2022, passed by the
learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa
P.S. Case No. 382 of 2021, whereby the application filed by the
petitioner for release of the vehicle in question was rejected, on the
ground of initiation of confiscation proceeding, pending in the court of
learned Chief Judicial Magistrate, Garhwa.
3. The F.I.R has been registered against the petitioner and
vehicle of the petitioner as Garhwa P.S Case No. 382/2021 U/S 379/411
of I.P.C, Section 54 of J.M.M.C.R 2017, Section 21 of M.M.D.R Act
and Section 13 T.J.M (P.E.M.T &5 ) Rule 2017, on the Complaint of
Yogendra Bdaik District Mining Officer, Garhwa stating inter alia that
on dated 19.08.2021 at about 1:00 P.M during the search operation
along with S.D.M Garhwa Awadh Kumar, Thana In charge Meral, S.I
Sanjay Kumar, along with the District mining officer staffs Ranjit
Kumar and Satendra Kumar Paswan at Belchampa, Meral Road,
Garhwa, Chuna Sonpurwa, factory and near Chetna Petrol Pump 12
vehicles were found having illegal transportation of minerals .Seized
vehicles along with seized minerals are deposited to Garhwa P.S, during
search it has been found that sand minerals were illegally transported
from different places from medhna, lapo, darmi, pratapur, belchampa,
gangi, farathia, ranka, area under garhwa P.S, it has been further alleged
that more than the vehicle capacity the minerals were transported
illegally. It is further alleged to register FIR against the illegal mining
persons, transporters and owner of the seized vehicles.
4. Learned counsel appearing for the petitioner submits that
the petitioner is the owner of the vehicle in question, bearing
registration number, UP-67-T-9525, Chassis No. MAT
466429HHC03664, Engine No. 71C84373742 having its registration
certificate, Pollution Control Board Certificate, Certificate of Fitness
and National Permit Certificate. He submits that the vehicle has been
seized and the vehicle is on loan, financed by the finance company
Chola and in view of such seizure, the EMI of the said vehicle has been
defaulted by the petitioner. He further submits that the vehicle is lying
in open since 19.08.2021 and day by day its condition is deteriorating.
He further submits that the petitioner has filed the application for
release of the vehicle in question before the learned Chief Judicial
Magistrate, Garhwa, which was subsequently rejected by order dated
28.06.2022 stating therein that the confiscation proceeding against the
vehicle in question is there. He further submits that the said order was
challenged before the revisional court in Cr. Rev. No. 100 of 2022,
which was also rejected by order dated 03.02.2023 on the sole ground
that the confiscation proceeding is going on.
5. Mr. Deepankar, learned counsel appearing for the State
submits that there is no illegality in both the impugned orders and both
the learned courts have rightly passed the said order. He submits that
the vehicle in question was rightly seized.
6. It appears that in view of the amendment in Rule 54(5) of
the Jharkhand Minor Mineral Concession Rules, 2004, the same was
incorporated in Jharkhand Mineral (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2017 by virtue of Rule-13 thereof
on certain conditions vehicle can be released. Admittedly, the vehicle of
the petitioner was seized on 19.08.2021 and the petitioner filed an
application for release of the said vehicle, but the same was rejected by
both the learned courts, solely on the ground that the confiscation
proceeding is going on.
7. 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.
8. 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 ftyk@lgk;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
leuqnku 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]000@ 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 izkxa .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= ¼Bond Paper½ lefiZr fd, tkus ij fd
U;k;ky; n~okjk uksfVl fn, tkus ij mifLFkr gksax]s 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
9. 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. However, in the case in
hand, the petitioner is not claiming the minerals.
10. The vehicle in question is commercial and it is of no use to
keep such vehicle at the police station for a long period. This aspect of
the matter has been considered by the Hon'ble Supreme Court in the
case of Sunderbhai Ambalal Desai Versus State of Gujarat reported in
(2002) 10 SCC 283. Paragraphs-5 and 17 of the said judgment are
quoted herein below:-
"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."
11. In view of the above facts, reasons and analysis, the order
dated 03.02.2023, passed in Cr. Rev. No. 100 of 2022 by the learned
Sessions Judge, Garhwa as well as the order dated 28.06.2022, passed
by the learned Chief Judicial Magistrate, Garhwa, in connection with
Garhwa P.S. Case No. 382 of 2021, whereby the application filed by the
petitioner for release of the vehicle in question was rejected, on the
ground of initiation of confiscation proceeding, pending in the court of
learned Chief Judicial Magistrate, Garhwa, are hereby, set aside.
12. So far as 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 an indemnity bond to the
satisfaction of the court below.
(ii) One of the surety must be a resident and owner of a
commercial vehicle of District Garhwa (Jharkhand).
(iii) That the petitioner shall not sale, mortgage or transfer
the ownership of the vehicle on hire purchase
agreement or mortgage or in any manner.
(iv) He shall not change or tamper with the identification
of the vehicle in any manner.
(v) He shall produce the vehicle as and when directed by
the Trial Court or before the confiscating authority.
13. The aforesaid conditions are the subject to the final result of
the confiscation proceeding and the criminal proceedings.
14. With the aforesaid observations and directions, this writ
petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
