KRISHNA GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for setting aside the order dtd. 10/10/2023 passed in M.C.A. No.3256 of 2023 arising out of Ratu P.S.Case No.266 of 2022, pending in the court of learned Judicial Magistrate- XXIV, Ranchi whereby Hywa bearing registration No.JH01BG-1114 was not released in connection with Confiscation Case No.29 of 2023, pending before the Deputy Commissioner, Ranchi.

(2.) Mr. Saurabh Shekhar, the learned counsel appearing for the petitioner submits that the petitioner is registered owner of the said Hywa bearing registration No.JH01BG- 1114. He submits that only on the ground that the confiscation case is initiated, the said vehicle has not been released by the learned court. He submits that the vehicle is lying in open and deterioration of the vehicle was considered by the Hon'ble Supreme Court in the case of Sunder Bhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283. He further submits that the case of the petitioner is covered in light of the judgment rendered in the case of W.P.(Cr.) No.502 of 2023 decided by the order dtd. 13/9/2023. On this ground, he submits that the vehicle may kindly be directed to be released on the appropriate terms.

(3.) Mr. Deepankar Roy, the learned counsel appearing on behalf of the respondent State submits that the competent authority has seized the vehicle under Rule 11 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. He submits that there are provision under the said rules of appeal and revision and the petitioner is having alternative remedy.