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2021 Supreme(Jhk) 495

SANJAY KUMAR DWIVEDI
Raja Ram Singh, S/o. Sahdeo Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sidhartha Roy.
For the State : Mr. Kaushik Sarkhel, GA-V.

Judgement Key Points

What is the effect of initiating confiscation proceedings on the jurisdiction to release or dispose of property under the Coal Mines Act and Forest Act?

What steps or process must a confiscating authority follow to consider a request for release of seized vehicle, and within what time frame?

What are the rights and remedies of a petitioner when a vehicle release order has been issued by a trial court but confiscation proceedings have been initiated and not yet concluded?


JUDGMENT :

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

2. The petitioner has filed this petition under Article 226 of the Constitution of India for directing the respondent authorities to release the truck of the petitioner being registration no.JH 02J 0151, which was seized by the police in connection with Mahuatand P.S.Case No.14/2019, G.R.No.315/2019 registered under sections 379/413/414/34 of the I.P.C, section 33 of the Indian Forest Act and Section 30(II) of Coal Mines Act, pending in the court of learned S.D.J.M., Bermo at Tenughat.

3. Mr. Sidhartha Roy, the learned counsel appearing on behalf of the petitioner submits that on 02.04.2019, the truck of the petitioner was seized by Mahuatand Police and pursuant to such seizure F.I.R was instituted being Mahuatand P.S. Case No.14/2019. From perusal of F.I.R it appears that the truck of the petitioner was alleged to have been involved in illegal transportation of coal as such the fores

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