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Judgment
Sanjay Kumar Dwivedi, J
Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent State.
The prayer in the writ petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 02. 02.2024 in connection with Danda P.S. Case No.20 of 2018 arising out of G.R. No.252 of 2024 pending in the Court of learned ACJM, Garhwa.
The FIR was registered alleging therein that information has been received vide letter No.2549 dated 09.10.2018 of Jharkhand State Mines and Geology Department as well as JIMMS Portal that there is an illegal transportation of sand by registering vehicle on JIMMS Portal. It is also alleged that non-commercial vehicles bearing registration No. JH-03C-3982, JH-03C-5436, JH-03C-7764, JH-10L-5050 are also involved in illegal mining and transportation of sand, which is completely illegal and forged.
Learned counsel appearing for the petitioner submits that petitioner is neither the owner of the alleged vehicles involved in the alleged offence nor the proprietor of the M/s Swatik Traders. By way of referring to the contents of the FIR, he submits that four vehicles bearing registration No.JH-03C-3982, JH-03C-5436, JH-03C-7764, JH-10L-5050 are said to be also involved in illegal mining and transportation of sand whereas police after investigation have submitted the charge-sheet bearing chargesheet No.01 of 2024 dated 12.01.2024 saying that the said vehicles have not been found to be involved in the alleged offence and the owners of the said vehicles have not been sent up for trial. He submits that in view of that fact in the FIR itself the only allegation against the petitioner is made that the petitioner has allowed to load sand on the said vehicles on the basis of the issued challan through the JIMMS portal. He submits that during the issuance of the said challan, the petitioner has got no role that is being monitored by the authorities in light of Rule 4 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. By way of referring to Rule 4 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, he submits that the Officer In-charge of JIMMS Portal or any such authorized officer by competent authority can approve the application for registration in a prescribed form. He submits that this role is not provided to the license holder for sand. Rule 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 speaks of transportation challan and it stipulates that no person shall restore or otherwise carry away any minerals from any place without obtaining transport challan duly generated through JIMMS Portal. On this ground, he submits that in absence of any material against the petitioner the charge-sheet has been submitted and the learned Court has been pleased to take cognizance.
Learned counsel appearing for the respondent State opposes the prayer and submits that illegally the sand was being loaded and in view of that the investigation was made and charge-sheet was submitted and the learned Court has rightly taken the cognizance.
Looking into the contents of the FIR, it is crystal clear that so far this petitioner is concerned the allegations are made that he is the license holder of the sand ghat and he has allowed to load the sand on the vehicles on the basis of challan and the police has submitted the charge-sheet and the learned Court has been pleased to take cognizance. It is further said that those challans have been issued through the JIMMS portal and Rule 4 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 speaks of processing and disposal of application and that power is provided to the Officer In-charge of JIMMS or any such authorized Officer by competent authority, admittedly this petitioner is not the competent authority. In light of Rule 9 of the said rule speaks of no person will carry any mineral from any place without obtaining the transport challan duly generated through JIMMS and if the vehicle owners have produced the challan issued by the JIMMS and pursuant to that the sand was allowed to be loaded by the petitioner who is the license holder of the sand ghat and for that he cannot be held responsible. He has only to look into the challan and allow to load the sand. It has been pointed out that even the vehicle numbers given in the FIR against them the charge-sheet has not been submitted. Further the charge-sheet is not in the light of observation made by Hon’ble Supreme Court in the case of Dablu Kujur versus The State of Jharkhand reported in (2024) 6 SCC 758.
In view of the above facts, reasons and analysis to allow the proceeding to continue against the petitioner will amount to abuse of process of law, as such the entire criminal proceeding including the order taking cognizance dated 02.02.2024 in connection with Danda P.S. Case No.20 of 2018 arising out of G.R. No.252 of 2024 pending in the Court of learned ACJM, Garhwa is hereby quashed.
This petition is allowed and disposed of.