Mahendra Prasad Verma @ Mahendra Pd. Verma vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Heard Mr. Anjani Kumar Singh, learned counsel for the petitioners and Ms. Bandana Sinha, learned counsel for the State.

This petition has been filed for quashing the order dated 30.06.2022 passed in connection with Margomunda P.S. Case No.61 of 2021, whereby, the prayer for release of tractor bearing Registration No.JH11AC-6266 and its trailer bearing Registration No.JH11AC-4780 of petitioner no.1 and tractor bearing Registration No.JH10BY-6235 of petitioner no.2 has been rejected.

Learned counsel for the petitioners submits that petitioner no.1 is the owner of tractor bearing Registration No.JH11AC-6266 and its trailer bearing Registration No.JH11AC-4780 and petitioner no.2 is the owner of tractor bearing Registration No.JH10BY-6235. He further submits that a petition was filed for release of the vehicles, which was rejected on the ground that confiscation proceeding has been started. He further submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 by virtue of Rule-13 thereof, the order may kindly be passed. He further submits that the petitioners are not claiming minerals.

Ms. Bandana Sinha, learned counsel 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 granted in the said Rule.

Admittedly, the vehicles of the petitioners were seized on 30.10.2021 and the petitioners filed a petition for release of the vehicles before the learned trial court which was rejected vide order dated 30.06.2022, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the vehicles was rejected by the concerned Court.

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.

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:-

In view of the above facts, the order dated 30.06.2022 passed in connection with Margomunda P.S. Case No.61 of 2021, pending in the court of the learned Judicial Magistrate, 1st Class, Madhupur is, hereby, quashed.

So far as the release of the vehicles is concerned, the same shall be released in favour of the petitioners on their undertakings on the following terms and conditions:-

(i) The petitioners shall furnish indemnity bonds to the satisfaction of the court below.

(ii) One of the surety must be a resident and owner of a commercial vehicle of District Deoghar (Jharkhand).

(iii) That the petitioners shall not sale, mortgage or transfer the ownership of the vehicles on hire purchase agreement or mortgage or in any manner.

(iv) They shall not change or tamper with the identification of the vehicles in any manner.

(v) They shall produce the vehicles as and when directed by the Trial Court or before the confiscating authority.

The aforesaid conditions are the subject to the final result of the confiscation proceeding and the criminal proceedings.

With the aforesaid observations and directions, this petition is allowed and disposed of.