Jharkhand High Court
Safik Ansari @ Safique Ansari vs The State Of Jharkhand on 16 October, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3177 of 2023
1. Safik Ansari @ Safique Ansari, aged about 22 years, s/o Yunus
Ansari, r/o Village- Ugra, P.O. & P.S.-Senha, Dist.-Lohardaga,
Jharkhand
2. Sahabuddin Ansari, aged about 49 years, s/o Seyakhudin Ansari,
r/o Village- Ugra Sarak Toli, P.O. & P.S.-Senha, Dist.-Lohardaga,
Jharkhand
.... Petitioners
Versus
The State of Jharkhand
.... Opp. Party
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mr. Sanjeev Kr. Sahay, Advocate
For the State : Mr. Sanjay Kr. Srivastava, Addl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to
quash and set aside the order dated 24.03.2022 passed in Criminal
Revision No. 17 of 2021 whereby and where under, the learned
Sessions Judge, Lohardaga has dismissed the criminal revision
preferred against the order dated 26.07.2021 passed by learned
A.C.J.M., Lohardaga in Misc. Cr. Application No. 387 of 2021
whereby and where under, the learned A.C.J.M., Lohardaga rejected
the prayer of the petitioner for release of tractor bearing registration
no. JH 08 H-5417 and trailer bearing registration no. JH 08 D-1861
which has been seized in connection with Bhandra P.S. Case No. 08
of 2021 corresponding to G.R. No. 271 of 2021.
3. The brief fact of the case is that consequent upon institution of the
said case, a confiscation proceeding in respect of the said vehicle is
going on vide Confiscation Case No. 1/2021-22 before the Deputy
Commissioner, Lohardaga which as per the supplementary affidavit
dated 27.08.2024 filed by the petitioner is still pending before the
Deputy Commissioner, Lohardaga.
4. Since the confiscation proceeding is pending, the learned Sessions
Judge, Lohardaga has rejected the prayer for release of the vehicle,
by setting aside the order passed by the learned ACJM.
5. Relying upon the judgment of a coordinate Bench of this Court in
the case of Biva Jha vs. State of Jharkhand in Cr.M.P. No. 3095 of
2013 dated 19.12.2013 it is submitted by the learned counsel for the
petitioners that therein it has been mentioned that in the M.M.D.R.
Act there is no provision which prevents the Court from making the
order for release of the vehicle seized in contravention of the
M.M.D.R. Act. Hence, it is submitted that the prayer as prayed for in
this criminal miscellaneous petition be allowed.
6. Learned Additional Public Prosecutor on the other hand opposes
the prayer and submits that the said order of the coordinate Bench
was passed before the Jharkhand Mineral (Prevention of Illegal
Mining, Transportation & Storage) Rules, 2017 came into force and
Rule 11 (v) of the same empowers the Deputy Commissioner for
confiscation of inter alia any vehicle seized. Therefore, the ratio of the
said judgment is not applicable in view of the Jharkhand Mineral
(Prevention of Illegal Mining, Transportation & Storage) Rules, 2017
coming into force. Hence, it is submitted that this criminal
miscellaneous petition being without any merit be dismissed.
7. Having heard the submissions made at the Bar and after going
through the materials in the record, it is pertinent to mention here
that the undisputed fact remains that the confiscation proceeding in
respect of the vehicle in question is going on before the Deputy
Commissioner, Lohardaga. The legality of the said confiscation
proceeding before the Deputy Commissioner is not under challenge
in this criminal miscellaneous petition.
8. Under such circumstances, this Court do not find any illegality in
the order dated 24.03.2022 passed by the learned Sessions Judge,
Lohardaga in Criminal Revision No. 17 of 2021 as also the order
dated 26.07.2021 passed by learned A.C.J.M., Lohardaga in Misc. Cr.
Application No. 387 of 2021 in connection with Bhandra P.S. Case
No. 08 of 2021 corresponding to G.R. No. 271 of 2021.
9. Accordingly, this criminal miscellaneous petition being without
any merit is dismissed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 16th October, 2024
AFR/Sonu-Gunjan/-
