M/s Hetamsaria Plastics Private Limited vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Amit Kumar Das, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

This petition has been filed for quashing the order dated 30.05.2022 passed by the learned Judicial Magistrate, 1st Class at Jamshedpur in G.R. No.304 of 2022 arising out of Potka P.S. Case No.63 of 2021, whereby, the application filed by the petitioner for release of four vehicles bearing registration nos. JH01DV-3396, JH01CT-6429, JH01CT-2529 and JH01DQ-1518 along with coal has been rejected, pending in the court of the learned Judicial Magistrate, 1st Class at Jamshedpur.

Mr. Amit Kumar Das, learned counsel for the petitioner submits that the petitioner is the Director of the firm namely M/s. Hetamsaria Plastics Private Limited and the vehicles in question have been registered in the name of the firm. He further submits that the vehicles were given on hire to a transport contractor of M/s Rungta Mines Limited namely Maa Kali Associates Private Limited, which was executing the contract of transportation of coal for M/s Rungta Mines Limited. The agreement has been annexed at Annexure-2 of the petition. He also submits that the coal was procured by M/s Rungta Mines Limited for its Chaliyama Steel Plant, located at Keshargaria, Rajnagar, District- Seraikella-Kharsawan from South Africa. The bill of entry summary issued by Indian Customs has been annexed at Annexure-3 of the petition. The coal was thereafter transported from Odisha to Jamshedpur through Rail. The e-way bill has been annexed at Annexure-4 of the petition. He further submits that the vehicles are lying in open and are being deteriorated day by day.

On the other hand, Mr. Prabir Kumar Chatterjee, learned counsel for the State by way of referring counter affidavit submits that no document was produced and that is why the vehicles in question were seized.

In view of the above facts and submissions of the learned counsel appearing for the parties and looking into those documents on which reliance has been placed by Mr. Amit Kumar Das, learned counsel for the petitioner, prima facie, it appears that valid document with regard to transportation of coal was there. Moreover to allow to continue the vehicles in open, no fruitful purpose will be served. A reference in this regard may be made to the judgment passed by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat; [(2002) 10 SCC 283]. Paragraphs 5 and 17 of the said judgment read as under:

"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.”

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:-

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. As such, the petitioners are allowed to deposit the double amount in terms of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, which provides for releasing of the minerals after depositing the double amount of the cost of the minerals.

In view of the above facts, reasons and analysis and considering that the vehicles are being deteriorated while kept in open in police station, the order dated 30.05.2022 passed by the learned Judicial Magistrate, 1st Class at Jamshedpur in G.R. No.304 of 2022 arising out of Potka P.S. Case No.63 of 2021, pending in the court of the learned Judicial Magistrate, 1st Class at Jamshedpur is, hereby, set aside.

In view of Rules 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017 and considering that documents of coal has been brought on record, by way of interim order the following orders are being passed:-

(i) The petitioners shall furnish the bond for release of coal to the satisfaction of the learned court.

(ii) On being satisfied with the said bond furnished for release of the coal, the coal shall be released forthwith without prejudice to the right and contention of the petitioner, subject to the final result of the criminal proceedings.

So far as the release of the vehicles 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 learned lower court.

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

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

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

(v) He 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 criminal miscellaneous petition is disposed of.