The central legal point established is that the release of seized vehicles under the MMRD Act 1957 and Jharkhand Minor Mineral Concession Rules 2004 is not statutorily barred, and release can be allowed on payment of double amount of the cost of the minerals as per Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017.

JUDGMENT :

1. Heard Manish Kumar, learned counsel appearing for the petitioner and Mr. Ashwini Bhushan, the learned counsel for the respondent State.

2. This petition has been filed for quashing the order dated 07.04.2022 passed by Shri Ranjeet Kumar, Principal Sessions Judge, Jamtara in Criminal Revision No.05/2022 whereby the revision application filed by the petitioner has been dismissed affirming the order dated 03.02.2022 passed by learned Chief Judicial Magistrate, Jamtara in Jamtara P.S.Case No.124/2021 whereby the prayer for release of Tractor bearing Chasis no.1VY5036DAKA008329, Engine No.py3029d534058 and Tailor Chasis No.JME0006 belonging to the petitioner no.1 as well as tractor bearing registration No.JH10BA6709 and trailor bearing no.JH10BA0645 belonging to the petitioner no.2, Rabilal Murmu, was rejected on the ground that confiscation proceeding is pending, pending in the court of learned Chief Judicial Magistrate, Jamtara.

3. The FIR was lodged on the following premise:-

That the aforesaid two vehicles were found transporting sand for which Jamtara PS Case No.124/2021 has been registered us/ 414 IPC section 21 MMRD Act 1957 and section 54 of Jharkhand Minor Mineral Concession Rule 2004 on the basis of written complaint of the District Mining Officer submitted to the officer in charge Jamtara wherein it was alleged that on 25.09.21 at about 12.30 PM he along with some other police official raided near Rajia river and Baraker river where they dound some trastors were engaed in loading sand and they seized the tractors bearing registration No.JH10BA 6709 and trailor bearing no.JH10BA 0645 loaded with 100 C.ft. sand tractor bearing registration No.JH10A 4421 and trailor bearing no.JH10CA 3923 loaded with 40 C.ft sand Sonalika tractor bearing Engine No.3100FLU1481025116F18 and Chesis No.MYASR103027153 and trailor no. was not visible loaded with 100.C.ft sand and tractor being Engine No.PY3029D534058, Chasis No.1VY5036DAKA008329 and trailor no.was not visible loaded with 100 C.ft sand all are illegally loaded for which a case u/s 414 of IPC and section of MMRD Act and section 54 of Jharkhand Mines and Minerals Concessions Rules has been registered against the petitioner and others.

4. At the outset, learned counsel appearing for the petitioner submits that the petitioners are not challenging the vires of any provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel submits that the petitioners filed a petition for release of minerals and the vehicle, which was rejected by order dated 03.02.2022 by the learned C.J.M., Jamtara in Jamtara P.S.Case No.124/2021.

5. Being aggrieved by the aforesaid order, the petitioner has invoked the jurisdiction in this Court under Article-226 of the Constitution of India.

6. Mr. Kumar, learned counsel appearing for the petitioner submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2017 by virtue of Rule 13 thereof the order may kindly be passed.

7. Mr. Ashwini Bhushan, appearing for the State submits that in the light of Rule 54(5) of he Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is required to pay the double amount of the mineral and the arrangement has been granted in the said Rule. He further submits that for release of the mineral and the vehicle, the petitioner is required to follow the procedure as an interim measure.

8. Admittedly, the vehicle of the petitioners were seized on 25.09.2021 and the petitioners filed an application for release of the minerals and vehicle, but the same was rejected on 03.02.2022, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the said vehicle was rejected by the c