Jharkhand High Court
Manish Rahi vs The State Of Jharkhand on 22 January, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
-1- W.P.(Cr.) No.1223 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.1223 of 2023
Manish Rahi ...... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Collector, Ranchi
3. The District Mining Officer, Ranchi
..... Respondents
---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
---------
For the Petitioner : Mr. Nandan Prasad, Advocate
For the State : Mr. Rakesh Kr. Shahi, A.C to SC (L&C)-I
---------
nd
03/Dated: 22 January, 2024
1. The present writ petition has been filed for the following
reliefs :-
"a.) For issuance of appropriate writ(s)/ order(s)/ direction(s),
for quashing the order dated 18.03.2023 (Annexure-3) order
passed by the learned Ms. Nutan Ekka, J.M XXII, Ranchi in
M.C.A. No.1119/ 2023 arising out of Dasamfall P.S Case no.26/
2022 which is registered for the offence u/s-4/21 of Mines and
Mineral Act, 1957 and under section 4/ 54 of Jharkhand Mines
and Mineral Concession Rule and under Sections 7 /11/ 13
Jharkhand Mineral (prevention of illegal mining transportation
and storage) Rule 2017 whereby the application for release of
the commercial vehicle was filed by the petitioner was disposed
off as not maintainable on the ground of initiation of
confiscation proceeding being confiscation case no.37 R 28/
2022-23 has been registered in this regard. In memo no. 104/23
dated 16.02.2023 has been sent to the D.C., Ranchi. And also
quashing of the order dated 01.12.2023 (Annexure-4) order
passed by the learned Sri A.K Rai Judicial Commissioner,
Ranchi in Cr. Revision no.454/ 2023 whereby and where under
criminal revision was dismissed stating therein that there is no
illegality and infirmity in the impugned order dated 18.03.2023
passed by the learned Judicial Magistrate. Now the case is
pending before the learned Ms. Nutan Ekka J.M., At Ranchi.
b.) Consequent upon being satisfied for further issuance of an
appropriate writ(s)/ order(s)/ direction (s) to the respondent's
authorities to immediate and forthwith, vehicle to be released
and the confiscation proceeding initiated vide order dated
06.07.2023 bearing confiscation case no.37R28/ 2022-23
(Annexure-5) be quashed and set aside.."
2. It appears that a criminal case has been lodged being
Dasamfall P.S Case No.26 of 2022, registered for the offence
under Sections 4/ 21 of the Mines and Mineral Act, Rules 4/ 54
of the Jharkhand Minor Minerals Concessions Rules, 2004 and
under Sections 7/ 11/ 13 of the Jharkhand Minerals (Prevention
of Illegal Mining, Transportation & Storage) Rules.
3. It has been submitted by the learned counsel for the
petitioner that the vehicles, in question (bearing registration
Nos.JHOIEA 7895, JH01DQ 6681 & JH01T 7566) have been
seized by the police. The petitioner is the registered owner of
the commercial vehicle namely, TATA SFC Mini Truck (709)
bearing registration No.JH01DQ-6881. The order of confiscation
has been passed by the Deputy Commissioner, Ranchi in
Confiscation Case No.37R 28/ 2022-23 vide order dated
06.07.2023 (order is impugned in the present criminal writ
petition) which is not as per the law and no such power is vested
to the Deputy Commissioner.
4. Learned counsel for the petitioner has submitted that as
per the mandate of Section 21(4-A) of the Mines and Minerals
(Development & Regulations) Act, 1957, only the criminal court
taking cognizance of the offence is competent to pass the order
of confiscation and the Deputy Commissioner has no such
power. In support of his contention, learned counsel for the
petitioner has relied upon the judgment dated 27.09.2021,
07.07.2022 and 13.09.2023 passed in W.P.(Cr.) Nos.77 of 2021,
233 of 2022 and 502 of 2023 by the Co-ordinate Bench of this
Court and has submitted that the said issued has already been
settled by this Court.
5. In view of the law declared by the Co-ordinate Bench of
this Court that the Deputy Commissioner is not a competent
authority to pass the order of confiscation. Accordingly, the
order dated 06.07.2023 (Annexure-5) passed by the Deputy
Commissioner, Ranchi in Confiscation Case No.37R 28/ 2022-23
in connection with Dassamfall P.S. Case No.26 of 2022 is,
hereby, quashed and set-aside.
6. Consequently, the matter is remitted back to the learned
court below, who has taken cognizance, to pass a fresh order
after considering the merit of the case in accordance with law
within a period of four weeks from the date of receipt/
production of a copy of this order.
7. Accordingly, the present criminal writ petition stands
disposed of.
(Rajesh Kumar, J.)
Chandan/-
