TAPAS MITRA Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) The four petitioners by invoking the extra ordinary jurisdiction of this Court under article 226 of the Constitution of India has questioned the legality of the order dated 06.04.2015 passed by Sessions Judge, West Singhbhum at Chaibasa in Criminal Revision no. 01 of 2015 whereby the order passed by learned Chief Judicial Magistrate, Chaibasa in G.R. Case no. 116 of 2014 rejecting the prayer of the petitioners for release of their tractors and trailers, has been affirmed.

(2.) The prosecution case, in nutshell, is that on the written report of the informant Bhola Harijan, Assistant Mining Officer, Chaibasa Sadar, Muffasil P.S. Case no. 26 of 2014 was instituted under Sections 379/411 of the I.P.C. and also under Section 4/54 of Jharkhand Minor Mineral Concessions Rules and under Section 3/9 of J.M.T.C. Regulation Act and also under Section 4/21 of M.M.(D.R.) Act with the allegation that the informant received an information regarding the illegal excavation of sand and its transportation. Whereafter, he along with other officials of Mining Department and Police Personnel came to the place of occurrence and found five tractors loaded with illegal sand about 100 cubic whereafter the team seized the tractors and trailers bearing nos. (1) JH06G-1657/JH06G- 4515, (2) JH06E-5557/JH06E-5558, (3) JH06A 8546/JH06A 8547 and (4) JH06E 6220/JH06E 6221 and (5) JH06E 8353/JH06E 8354 and when the valid papers were demanded from the drivers, they failed to produce any paper of transportation of the sand. The drivers of the tractors were also arrested.

(3.) It appears from the record that the petitioners filed a petition on 18.11.2014 before the court of learned Chief Judicial Magistrate, Chaibasa for release of their vehicles, but the same was rejected vide order dated 29.01.2015. Whereafter, revision was preferred before the learned Sessions Judge, West Singhbhum at Chaibasa bearing Criminal Revision no. 01 of 2015 but the same was also rejected holding that the vehicles have been parked safely in the premises of police station and if the vehicles are released, the same would hamper the investigation of this case. The revisional court further held that the Mining Department, Chaibasa has mentioned in his report that the confiscation proceeding has not been initiated as the copy of the F.I.R., seizure list have not been remitted to the Mining Department and the same has been called for, as such confiscation proceeding of the seized vehicles loaded with illegally mined sand is under process.