ARINDAM GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Writ Petition has been filed seeking compensation for the Poclain Machine (Schwing Steller), which according to the petitioner has been seized illegally.

(3.) It is the case of the petitioner that the machine in question was seized in connection with Shikaripara P.S. Case No.62 of 2022 registered under Ss. 379 and 34 IPC and Rule 4/54 of the Jharkhand Minor Mineral Concession Rules (JMMC) Rules under Sec. 4/5 of the Explosive Substance Act. It is the case of the petitioner that since the confiscation order which was passed by the Deputy Commissioner is illegal, a Coordinate Bench of this Court in W.P. (Criminal) No.242 of 2024, has set aside the confiscation order and directed the Authority to file an application for release of the said vehicle. Ultimately the machine was released in favour of the petitioner.