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SANJAY KUMAR DWIVEDI
Asha Devi, wife of late Dashrath Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing the order dated 14.12.2021 passed by learned Chief Judicial Magistrate, Ranchi in Miscellaneous Criminal Application No.6782/2020 which has been filed for release of Tata 709 vehicle bearing registration no.JH02M7671 which has been seized in connection with Ormanjhi PS Case No.2009/19 corresponding to G.R. No.2332/21 which has been lodged for the offence punishable under sections 379/34 of the IPC, section 54 and 4 of Jharkhand Minor Mineral Concession Rules and Sections 8,9 of Jharkhand Mineral Dealers Rules, 2007 whereby the application of the petitioner has been dismissed as not maintainable which is pending in the court of learned Chief Judicial Magistrate, Ranchi.
The court emphasized that the vehicle could only be forfeited after the trial concluded and a conviction was held, and directed interim custody of the vehicle to be released in favor of the petitione....
The criminal court has jurisdiction to entertain applications for the release of vehicles even during ongoing confiscation proceedings, emphasizing the need for prompt action to prevent damage to sei....
The jurisdiction of a criminal court to release a seized vehicle is not barred by pending confiscation proceedings under mining regulations.
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 allo....
The court emphasized that the forfeiture of the vehicle should only occur upon conviction and that the detention of the vehicle should not cause damage or loss of utility.
The Act, 1957, and Section 21(4-A) vested power of dealing with confiscated tools, equipment, or vehicles in the Court, overriding the provisions of Rule 72(6) of the Rules, 2021.
Confiscation of vehicles requires a competent court's order based on a written complaint, not an FIR; statutory procedures must be followed.
The central legal point established is that the amended Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 allows for the release of seized vehicles.
The central legal point established in the judgment is the interpretation and application of Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, in the context of releasing seized vehic....
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