BIVA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. This application is directed against the order dated 30.9.2013 passed by 1st Additional Sessions Judge, Saraikella in Cr. Revision No. 79 of 2013, affirming the order dated 11.9.2013 passed by S.D.J.M. in Misc. Case No. 2 of 2013 (Kandra P.S. Case No. 32 of 2013), whereby and whereunder prayer for release of Pay -loader bearing no. JH 05 -AT - 0640 was rejected.

(2.) IT is the case of the prosecution that on receiving secret information that some persons have indulged themselves in doing business of coal clandestinely, a raid was laid behind the hotel of Santosh Majhi, where 1600 MT of coal was found stored. There six trucks as well as one Pay - loader, which is the subject matter of this case, were found standing over there. The coal was suspected to be the stolen one and at the same time, it was also suspected that some persons have indulged themselves in trading of coal illegally and for that a case was registered for commission of the offence under Section 414 of Indian Penal Code as well as for contravention of the provision of the Mines and Minerals (Development and Regulation) Act (for short MMDR Act) and Jharkhand Mineral Dealer's Rules, 2007. The trucks as well as Pay -loader were seized.

(3.) BEING aggrieved with this order, this application has been filed. Mr. Anil Kumar, learned counsel appearing for the petitioner, submits that though sub section (4 & 4A) of Section 21 of the MMDR Act do prescribe for confiscation of any mineral, tool, equipment, vehicle etc. involved in the commission of offences under the MMDR Act but no bar has been laid down under any of the provisions of the MMDR Act like that of the Forest Act to the effect that upon initiation of a confiscation proceeding vehicle, equipment, tool be not released.