MAHENDRA PRASAD VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This petition has been filed for quashing the order dtd. 30/6/2022 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.

(3.) 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.