Khublal Pandit @ Khubhlal Pandit, aged about 47 years, son of Jhari Pandit, Resident v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 376 of 2024 ---- Khublal Pandit @ Khubhlal Pandit, aged about 47 years, son of Jhari Pandit, Resident of Nimatand, Sabalpur Post and P.S. Giridih, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Respondent ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner For the State ---
Legal Reasoning
:- Mr. Lalit Yadav, Advocate Ms. Divyam, AC to SC IV :- ---- 03/24.07.2024 Heard learned counsel appearing for the petitioner and learned counsel for the respondents-State. 2. The Prayer in this petition is made for quashing of the order dated 20.01.2024, whereby the release of the vehicle of the petitioner bearing registration number JH-11-AD-6050 has been rejected by the learned Chief Judicial Magistrate, Giridih, in connection with Saria P.S. Case No. 182 of 2023, pending in the court of learned Chief Judicial Magistrate, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the vehicle (tractor) bearing registration number JH-11-AD-6050, which was being used for his livelihood and this is the source of his bread and butter. He further submits that the said vehicle was seized on the allegation of illegal transportation of sand and now the learned court has rejected the application for release of the vehicle of the petitioner on the ground that the confiscation proceeding is pending before the Deputy Commissioner, Giridih. He further submits that the petitioner is --1-- W.P. (Cr.) No. 376 of 2024 not claiming the minerals. 4. Ms. Divyam, learned A.C. to S.C.-IV, appearing for the State submits that in the light of Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is required to pay the double amount of the minerals and the arrangement has been made in the said Rule with whom the amount will be deposited. He further submits that for release of the minerals and the vehicle, the petitioner is required to follow the procedure as an interim measure. 5. Admittedly, the minerals and vehicle of the petitioner were seized on 14.10.2023 and the petitioner filed an application for release of the vehicle, but the same was rejected on 20.01.2024, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the vehicle was rejected by the learned concerned Court. 6. 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. 7. 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 --2-- W.P. (Cr.) No. 376 of 2024 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 izkax.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 gksaxs] 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 8. 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. 9. In the case of Sunderbhai Ambalal Desai Versus State of Gujarat reported in (2002) 10 SCC 2835, the Hon’ble Supreme Court in Paragraphs-5 and 17 has held as under:- --3-- W.P. (Cr.) No. 376 of 2024
Decision
"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." 10. 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 Giridih (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. --4-- W.P. (Cr.) No. 376 of 2024 11. The aforesaid conditions are the subject to the final result of the confiscation proceeding and the criminal proceedings. 12. Accordingly, the order dated 20.01.2024, whereby the release of the vehicle of the petitioner bearing registration number JH-11-AD-6050 has been rejected by the learned Chief Judicial Magistrate, Giridih, in connection with Saria P.S. Case No. 182 of 2023, pending in the court of learned Chief Judicial Magistrate, Giridih, is hereby, set aside. 13. With the aforesaid observations and directions, this writ petition is allowed and disposed of. Sangam/Amitesh (Sanjay Kumar Dwivedi, J.) --5-- W.P. (Cr.) No. 376 of 2024