Bajrangi Dangi aged about 30 Year Son of Late Babulal Dangi, Resident of Village v. 1. The State of Jharkhand. 2. The Superintendent of Police, Chatra officiating at Deoghar
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 759 of 2024 Bajrangi Dangi aged about 30 Year Son of Late Babulal Dangi, Resident of Village Nagwan, P.O. & P.S.- Itkhori, District Chatra, Jharkhand. ..... … Petitioner Versus 1. The State of Jharkhand. 2. The Superintendent of Police, Chatra officiating at Deoghar, P.O & P.S- & District - Chatra, Jharkhand. 3. The Officer in Charge, Itkhori Police Station P.O. & P.S Itkhori, District - Chatra. -------- ..... … Respondents
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ : : ------ 03/ 17.10.2024 Heard learned counsel appearing for the petitioner and learned Mr. Manish Yadav, Advocate. Mr. Ashwini Bhushan, A.C. to Sr.S.C.-II. For the Petitioner For the State counsel for the respondents-State. 2. Prayer in this petition is made for quashing of the order dated 13.08.2024, passed by the learned revisional court in Criminal Revision No. 14 of 2024, whereby, the revision has been dismissed and the order of the learned Court dated 15.02.2024, passed in M.C.A. No. 2469 of 2023, arising out of Itkhori P.S. Case No. 121 of 2022 has been affirmed, whereby, the release of the tractor of the petitioner bearing registration number JH-02-BD-8655 along with Trolley No. JH-02-AW-7409 has been rejected, the case is pending in the court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the tractor bearing registration number JH-02- BD-8655 along with Trolley No. JH-02-AW-7409. He submits that the said vehicle was seized on the allegation of illegal transportation of sand. He further submits that the learned court has rejected the prayer for release of the aforesaid vehicle by order dated 15.02.2024, which was affirmed by the learned revisional court on 13.08.2024 in Cr. Rev. No. 14 of 2024. He submits that only on the basis of confiscation proceeding pending before -1- the Deputy Commissioner, Chatra, the revisional court has dismissed the revision petition. He further submits that the case has been registered under Sections 379, 414 and 34 of the Indian Penal Code, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. He further submits that the vehicle is commercial in nature and if the same is kept in open space, the said vehicle will be destroyed day by day. He then submits that Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 has been declared ultra vires by the Division Bench of this Court by order dated 02.07.2024 passed in W.P. (C) No.6788 of 2023. He further submits that the confiscation can only be made by a court, who is competent to take cognizance in the light of sub- section 4A of the Section 21 of Mines and Minerals (Development & Regulation) Act, 1957. 4. Learned counsel appearing for the respondents-State submits that the said vehicle was illegally used in carrying the sand, however, he does not dispute that Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 has been declared ultra vires by the Division Bench of this Court. 5. 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. 6. In view of the above, it appears that Rule 11(V) of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, has itself been declared ultra vires by the division bench of this court by order dated 02.07.2024 passed in W.P. (C) No.6788 of 2023. In view of sub-section 4A of Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 the Court having the power of taking cognizance or can confiscate the vehicle in question. 7. Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is amended by Jharkhand Minor Mineral Concession Amendment -2- 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 (cid:216)e’k% 50]000-00 …ipkl gtkj :i;s ,oa 1]00]000@ …,d yk[k‰ :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= …Bond Paper‰ 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 view of the above, the order dated 13.08.2024, passed in Criminal Revision No. 14 of 2024 and the order of the learned Court dated 15.02.2024, passed in M.C.A. No. 2469 of 2023, arising out of Itkhori P.S. Case No. 121 of 2022, are hereby, pending in the court of learned Additional Chief Judicial Magistrate, Chatra, are hereby, set aside. 10. So far as the release of the vehicle and trolley are 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 Chatra (Jharkhand). (iii) That the petitioner shall not sale, mortgage or transfer the ownership of the vehicle and trolley on hire -3- purchase agreement or mortgage or in any manner. (iv) He shall not change or tamper with the identification of the vehicle and trailer in any manner. (v) He shall produce the vehicle and trolley as and when directed by the Trial Court or before the confiscating authority. 11. The aforesaid conditions are the subject to the final result of the criminal proceeding. 12. With the aforesaid observations and directions, this writ
Decision
petition is allowed and disposed of. Amitesh/- (Sanjay Kumar Dwivedi, J.) -4-