AMITAV K.GUPTA
Navin Kumar Choudhary – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
AMITAV K. GUPTA, J.
1. This revision is directed against the order dated 21.10.2020 passed by the court of learned Chief Judicial Magistrate, Deoghar, rejecting the application filed by the petitioner for release of tractor bearing Registration No. JH-15M-6179 and trailor bearing Registration No. JH-15M-0162 in Criminal Misc. Application No. 1633 of 2020, in connection with Jasidih P.S. Case No. 269 of 2020 under Section 54 (4) of Jharkhand Mines Mineral Concession Rules, 2004 and Section 21 of Mines and Minerals (Development and Regulation) Act 1957 and Sections 413 and 414 of the Indian Penal Code.
2. Heard the learned counsel for the petitioner and learned A.P.P.
3. On perusal of the impugned order, it appears that on the application filed by the Investigating Officer, confiscation proceeding being Criminal Misc. Case No. 10 of 2020, was initiated under Section 21 MMDR Act by the court of Chief Judicial Magistrate, Deoghar with respect to the aforesaid seized tractor and trailor. The petition for release of the seized vehicles was rejected by the court below by the impugned order. The operative part of the order reads as under:
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