Jharkhand High Court
Md. Taslim @ Md. Taslim Ansari vs The State Of Jharkhand on 29 January, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
-1- W.P. (Cr.) No.981 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.981 of 2023
Md. Taslim @ Md. Taslim Ansari
@ Taslim Ansari ...... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Sahibganj
3. The Superintendent of Police, Sahibganj
4. The District Mining Officer, Sahibganj
5. The Officer In Charge, Barhet Police Station
6. Mining Commissioner, Ranchi ..... Respondents
---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
---------
For the Petitioner : Mr. Rahul Pandey, Advocate
For the State : Mr. Manoj Kumar, G.A.-III
---------
04/Dated: 29th January, 2024
1. The present writ petition has been filed for the following
reliefs :-
"(i) For quashing of the order dated 25.02.2022 (Annexure - 3)
passed in confiscation case no.25/ 2021-22 passed by the
Respondent No.2 whereby and whereunder the Ld. Court of
Respondent No.2 has been pleased to confiscate the vehicle
Truck bearing Reg. No.JH09-Z-5363 belongs to this petitioner
and direction was given to respondent no.4 to auction the
vehicle of this petitioner and deposit its proceeds in Nazarat.
(ii) For direction to the respondents concerned to immediate
release the Truck bearing Reg. No.JH09-Z-5363 belongs to this
petitioner in his favour which has been seized by Barhet Police
later on confiscated by Respondent No.2 in connection with
Barhet P.S. Case no.02/ 2021 Registered U/s 414/ 467/ 468/
471/ 34 of the IPC pending in the Ld. Court of C.J.M., At
Sahibganj.
(iii) For directing the respondents concerned to stop/ stay the
auction of the aforesaid vehicle of this petitioner which is going
to be held on 07.11.2023 during pendency of this writ
application or the Revision Case No.66/ 2022 pending before
the Respondent No.6.
(iv) For directing the respondent no.6 to pass appropriate
order in Revision Case No.66/ 2022 within four weeks."
2. It appears that a criminal case has been lodged being
Barhet P.S Case No.02 of 2021, registered for the offence under
Sections 414/ 467/ 468/ 471/ 34 of the Indian Penal Code.
3. It has been submitted by the learned counsel for the
petitioner that the petitioner is the registered owner of the
truck, in question, bearing registration No.JHO9-Z-5363, which
has been seized by the police. The order of confiscation has
been passed by the respondent No.02, i.e., the Deputy
Commissioner, Sahibganj in Confiscation Case No.25/ 2021-22
vide order dated 25.02.2022 (order is impugned in the present
criminal writ petition) with a direction to the respondent No.4 to
auction the said truck, which is not as per the law and no such
power is vested to the Deputy Commissioner.
It has further been submitted that against the order of the
Deputy Commissioner, the petitioner has filed a revision
application being Revision Case No.66 of 2022, which is pending
before the court of Mining Commissioner, Ranchi.
4. Learned counsel for the petitioner has also 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 08.01.2024,
passed in W.P.(Cr.) No.751 of 2023, by this Court and has
submitted that the said issue has already been settled by this
Court.
5. Considering the fact that the Deputy Commissioner is not
a competent authority to pass the order of confiscation.
Accordingly, the order dated 25.02.2022 (Annexure-3) passed by
the Deputy Commissioner, Sahibganj in Confiscation Case
No.25/ 2021-22 in connection with Barhet P.S Case No.02 of
2021 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/-
