Shahrukh Khan v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No.1207 of 2023 Shahrukh Khan ..... … Petitioner Versus The State of Jharkhand …. …. Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Somitra Baroi, Advocate : Mr. Pankaj Kumar Mishra, APP For the Petitioner For the State -------- 03/21.12.2023 The instant criminal revision has been directed against the order dated 01.09.2023 passed by the learned A.C.J.M., Ghatshila in M.C.A Case No.391 of 2023 whereby the petition for the release of the vehicle bearing No. JH-05BB 4138 (Tipper Truck) of the petitioner has been rejected in Musabani P.S. Case No.28 of 2023 under sections 379/411/120B of the IPC, u/s 4/21 MMDR Act, u/s 54 JMMC Rule 2004, u/s 7/9/13 Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules 2017 pending before the learned A.C.J.M., Ghatshila. 2. The learned counsel for the petitioner has submitted that the application for release of the vehicle has been rejected by the learned court below on the ground that the investigation is pending and the confiscation proceeding has not been completed; while the vehicle was also used for transportation of the alleged gitti. The confiscation proceeding can only be in regard to the mineral i.e. gitti. The petitioner also undertakes that he would present the said vehicle when and where it would be required during investigation, inquiry or trial. If the said truck remain detained in the police station concerned for a long time its utility would be diminished. The impugned order passed by the learned court below is erroneous and based on perverse finding. 3.
Legal Reasoning
petition. Herein it is pertinent to mention that it is settled law that the vehicle cannot be allowed to be detained in police station for a long period if the same is used in commission of any offence. Herein the said vehicle is alleged to have been used in transportation of stone chips. The case property is the stone chips not the vehicle. So far as the confiscation is concerned, the confiscation proceeding may go on in regard to the case property i.e. stone chips. As the petitioner has given an undertaking that he would produce the said vehicle when and where the same required during the investigation inquiry or trial. It was incumbent upon the court concerned to release the said vehicle after directing the petitioner to give the undertaking in regard to producing the same when and where the same is to be produced if required. 4 Cr. Rev. No.1207 of 2022 13. In view of the guidelines laid down by the Hon’ble Apex Court in the case of Sunder Bhai Ambala Desai vrs. State of Gujrat, reported in 2002 (10) SCC 283, with regard to release of property, the impugned order passed by the court below bears illegality and the same needs interference. 14. Accordingly, this criminal revision is, hereby, allowed and the impugned order passed by the court below is set-aside. 15. The learned court below is directed to dispose of the release application of the petitioner afresh in accordance with law, keeping in view the finding recorded by this Court and also in view of the guidelines laid down by the Hon’ble Apex Court in case of “Sunder Bhai Ambala Desai” (supra). 16.
Arguments
The learned APP for the State opposed the contentions made by the learned counsel for the petitioner and contended that the learned court below has rightly rejected the release application of the vehicle since the confiscation proceeding has been commenced and matter is still under investigation as per impugned order dated 01.09.2023. 4. The brief facts leading to this criminal revision are that the Circle Officer, Musabani gave the written information with the police station 2 Cr. Rev. No.1207 of 2022 concerned with these allegations that he had received the secret information from the Sub-divisional Magistrate, Dhalbhumgarh Mr. Piyush Sinha that the four hywa vehicles bearing registration nos. JH-05AL 1298, JH-05AV 1093, JH-05BB 4138 and JH-01BB 4921 were involved in transportation of illegal mining and the team was headed by Sub-divisional Magistrate, Dhalbhumgarh and raid was conducted at the indicated place. Out of the four trucks, the two vehicles were seized bearing registration no. JH-05BB/4138 of which driver was Raghav Mahto and vehicle bearing registration no. JH- 05AV/1093 of which driver was Bittu Mardi. On 14.06.2023 at 12:30 in day time, the seizure memo was prepared. In both the vehicles 500 CBT gitti in each was loaded. These vehicles were escorted by a white colour car. The driver of the vehicle fled away by the said car but one person who was boarding in the vehicle Shahrukh Khan was apprehended at the spot. After having prepared the seizure memo, this FIR was lodged which was registered on Musabani Case Crime No. 28 of 2023 under section 379/411/120B of the IPC, u/s 4/21 MMDR Act, u/s 54 JMMC Rule 2004, u/s 7/9/13 Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules 2017 against the driver and owner of the vehicles bearing registration nos. JH-05BB 4138 and JH-05AV 1093. 5. The release application was moved on behalf of the petitioner before the Magistrate concerned which was rejected by the learned court below vide order dated 01.09.2023. 6. Aggrieved from the impugned order dated 01.09.2023, this criminal revision has been preferred on the ground that the impugned order passed by the court below is based on erroneous finding. The learned court below did not take into consideration the documents in regard to the vehicle and also in regard to the stone chips. The petitioner is the owner of the vehicle. He is having the valid registration certificate, insurance permit of the vehicle. The said case was not a case of theft rather the stone chips were being transported with valid papers. No useful purpose will be served in keeping the vehicle in custody of the police station concerned. In view of the above contended to set aside order. 7. I have heard the learned counsels for the parties and perused the record. 3 Cr. Rev. No.1207 of 2022 8. The petitioner has moved the application before the court concerned on the ground that he is the registered owner of the vehicle and also filed the relevant documents pertaining to the vehicle before the court concerned. 9. The learned lower court has also called the report from the police station concerned which was received on 26.10.2023 in which it is stated that the vehicle no. JH-05AV 1093 is in safe custody of police station Musabani. 10. It has also been stated that the vehicle no. JH-05BB 4138 and JH-05AV 1093 both are to be confiscated and for the same recommendation has been made by the proper media vide order made by the Senior Officials of the police. 11. It appears from the record that the IO has also called the report from the District Transport Officer, East Singhbhum, Jamshedpur in regard to the verification of all the four vehicles vide application dated 19.06.2023. The same was replied by the District Transport Officer, East Singhbhum, Jamshedpur on 26.06.2023. It is evident that the registered owner of the vehicle no. JH-05BB 4138 shown Shahrukh Khan son of Shamsher Khan. In this verification report the details of the vehicle are also mentioned. The validity of the fitness and permit details are also mentioned. 12. On behalf of petitioner it has been submitted that he is the registered owner of the vehicle no.JH-05BB 4138 and he has also filed the photo copy of RC permit, tax invoice which are annexure-2 series of this
Decision
Accordingly, this criminal revision petition stands disposed of. RKM (Subhash Chand, J.)