MD. ZAHID ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(2.) This petition has been filed for quashing the order dtd. 29/1/2020 passed in Criminal Revision No.410 of 2019, whereby the prayer of the petitioner for release of the vehicle in question has been rejected and the order passed by the learned Judicial Magistrate, 1 st Class, Bokaro dtd. 7/11/2019 passed in G.R.No.738 of 2019, arising out of Chas (M) P.S.Case No.52 of 2019 was affirmed.

(3.) The First Information Report was registered alleging therein that on 25/6/2019 the District Mining Officer Bokaro has reported the local police alleging that on 24/6/2019 at 12.30 hours after noon in court of patrolling vehicle no.JH-02-AP-5418 loaded with 57.240 MT Steal coal seized at NH-32 near Chas(M) P.S. and entrusted to police station to keep it in safe custody. In respect of loaded coal and its paper verified by Mining Inspector, according to him Transport Challan in Form 'D' as per Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules 2017 was not with the vehicle which is violation of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage), Rules 2017 and prayed to lodge FIR against the owner and driver of the vehicle No.JH-02-AP 5418 with loaded coal of 57.240 MT as per above regulation and proper Sec. of Indian Penal together with to do its confiscation.