RAJ KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) THE prayer of the petitioners in this writ application is for quashing the order dated 18.3.2006 passed by the Chief Judicial Magistrate, Chaibasa, initiating a confiscation' proceeding being Confiscation Case No. 17/2006 with respect to a Pay Loader Bearing No. JH -06 -B -4749 (TWL 3036) belonging to the petitioner No. 1 and the Dumper Bearing Registration No. UP -7 -AT -2472 belonging to petitioner No.2, under the provisions of Section 21 (4 -A) of the Mines and Minerals (Development and Regulation) "Act: 1957 and also issuing notice to show cause as to why the aforesaid vehicles be not confiscated for using the same in transporting the minerals without any lawful authority.

(3.) THE main plea taken by the petitioners in that the vehicles in question were engaged by the Transporters of the minerals of IISCO Mines, a subsidiary of Steel Authority of India Limited (SAIL) vide valid transport chalan and, therefore, the allegation made against the vehicles of the petitioners was not correct.