BINOD KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The prayer in the writ petition is made for quashing of the order dtd. 21/7/2023 in Confiscation Case No.19/2022 whereby the direction has been issued for confiscation of the vehicle being Registration No. JH-09R-6362.

(3.) Mr. Mahesh Kumar Sinha, learned counsel appearing for the petitioner submits that Barwadda P.S. Case No.84 of 2022 was registered alleging therein that the said truck was carrying coal on the ground that the valid challan was not produced with regard to the coal. He submits that the said vehicle and the coal has been released in favour of the petitioner by order of the learned Judicial Magistrate, 1st Class, Dhanbad, however now the impugned order has been passed by the Deputy Commissioner on the strength of Rule 11(V) of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) 2017. He submits that the said Rule has already been declared ultra vires by the Division Bench of this Court by order dtd. 2/7/2024 passed in W.P. (C) No.6788 of 2023.