SARA INTERNATIONAL LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) Having heard counsels for the parties, it does appear that 3922.880 metric tonnes of Iron ore fines when was found stored at Bara Jamda Railway siding, it was seized by Gua-Badajamda Police and a complaint case bearing C/7 Case No. 39 of 2010 was lodged alleging therein that M/s. Sara International Limited, who claimed to have stored iron ore fines after purchasing it from R.P.Sao does not have any storage permit under the Jharkhand Mineral Dealers Rules, 2007 and hence it is punishable under Sec. 4 (1A) of MMDR Act, 1957 and also Rule 3 and 7(iii) of Jharkhand Minerals Dealers Rule, 2007. Subsequently, District Mining Officer submitted a report stating therein that the offence committed by M/s. Sara International Limited has been compounded by way of realising Rs. 25,000.00 ( Rs. Twenty five thousand) by exercising power as enshrined under Sec. 23A (2) of MMDR Act, 1957. At the same time, the complainant also sent a report to the Court for dropping the case. Acting on the said report the Chief Judicial Magistrate,Chaibasa vide its order dated 17.6.2010 passed in a case bearing C/7 Case No. 39 of 2010 dropped the proceeding and directed iron ore fines to be released in favour of the petitioner. Accordingly, a release order was issued to the District Mining Officer, West Singhbhum at Chaibasa. Pursuant to that District Mining Officer, West Singhbhum directed the Officer-in-charge, Gua-Badajamda Police to do the needful. In spite of that order 3992.880 metric tonnes of iron ore fines was not released by the officer-in-charge, Badajamda (O.P.) P.S. Gua on the pretext that it has been seized in connection with Gua Barajamdak P. S. Case No. 28 of 2010 wherein it has been alleged that Sara International Pvt. Ltd. had despatched 3921.00 metric tonnes of iron ore by railway rack, through Chalans No. 8447101 to 8447400 (total 299 chalans) which chalans had been issued to Apex Export who had sold it to Bhushan Power and Steel Ltd. and hence M/s. Sara International committed offence as it does not have any license for dealing in iron ore. But the action of police seems to be quite illegal as 3922.880 metric tonnes of iron ore is never the subject matter of Gua Barajamda P. S. Case No. 28 of 2010 rather it was subject matter of C/7 case No. 39 of 2010 which had already been ordered to be released. In this regard it would be worth to be noted that iron ore subject matter of Gua Barajamda P. S. Case No. 28 of 2010 is concerned with Chalans No. 844710 to 8447400 (total 299 chalans), whereas 3922.880 metric tonnes of iron ore subject matter of C/7 Case No. 39 of 2010 is concerned according to the case of the petitioner with Chalans No. 3880251 to 3880634 ( total 381 chalans).

(3.) Accordingly, the Officer-in-charge of Gua(Bara Jamda) is hereby directed to release 3992.880 metric tonnes or iron ore fines which was subject matter of C/7 Case No. 39 of 2010, which proceeding has already been dropped in favour of the petitioner-M/s. Sara International Limited within a period of 10 days from the date of receipt/production of a copy of this order.