NAARAAYANI MINERALS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING quashing of order contained in letter dated 07.10.2014 whereby the license registration no. 287/SBM/201011 issued for the period from 08.05.2010 to 31.03.2015 has been suspended and the petitionerfirm has been directed to stop all commercial activities of salepurchase of mines product, the present writ petition has been filed.

(2.) THE brief facts of the case are that, the petitioner carries on business of iron ore crushing for which it has been issued trade/storage license vide registration no. 287/SBM/201011 for the period from 08.05.2010 to 31.03.2015. On 15.06.2014, during the checking of trucks it was found that five trucks were not carrying valid mining transit echallans and accordingly, the officer incharge, Noamundi Police Station was directed to lodge a First Information Report for the offence under Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and under Rules 8/9 of the Jharkhand Mineral Transit Challan Regulation, 2005 and also under Rules 3/8 of the Jharkhand Khanij Vikreta Niyamawali, 2007. A First Information Report being Noamundi P.S. Case No. 31 of 2014 was accordingly registered on 15.06.2014. The trucks along with iron ores were seized and a seizure list was prepared. A showcause notice dated 21.06.2014 was issued to the petitioner by the Assistant Mining Officerrespondent no. 4. The petitioner submitted its reply on 23.06.2014 stating that because of link problem the etransit challan could not be generated and the trucks loaded with minerals were infact, not in transit rather, the trucks were waiting for the etransit challans when the trucks were apprehended. Same day the etransit challans were generated at about 1.30 P.M. and the same were submitted. However, vide letter dated 07.10.2014 the respondent no. 4 suspended the license with immediate effect and directed the petitionerfirm to stop all commercial activities of salepurchase of mines product. On the application of the petitionerfirm, a report from the Noamundi Police Station and the District Mining Department has been called for by the concerned Court. A report was accordingly submitted by the police on 26.06.2014 stating that the echallans have been found genuine and the truck driver and owner have been released on bail. The papers relating to the minerals loaded in the truck have also been found genuine. The report thus submitted recommended that the truck along with the minerals can be released. The Judicial Magistrate, 1st Class, West Singhbhum at Chaibasa issued order dated 02.07.2014 to the Officer Incharge, Noamundi Police Station for release of the truck with the minerals.

(3.) A counteraffidavit has been filed on behalf of the respondents stating that the trucks were inspected on 15.06.2014 at 12.30 P.M. whereas, the challans were downloaded at 1.31 P.M. After considering the explanation of the petitionerfirm which was not found satisfactory, the Assistant Mining Officer, Chaibasa suspended the license bearing no. 287/SBM/201011 and the petitionerfirm has been directed to stop all commercial activities.