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 vehicles and minerals in connection with illegal mining allegations.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

2. This petition has been filed for release the Tractor bearing Registration No. JH-09AJ-3415 along with Trolley bearing Registration No. JH-09K-5088 and for quashing the order dated 02.08.2021 passed in Cr. Revision No. 35 of 2021 by the learned Sessions Judge, Bokaro. The further prayer is made for quashing the order dated 16.03.2021 passed in Misc. Cr. Application No. 630 of 2021 passed by the learned Judicial Magistrate, 1st Class, Bokaro in connection with G.R. Case No. 285 of 2021, arising out of Chas P.S. Case No. 141 of 2020, pending in the court of the learned Judicial Magistrate, 1st Class cum Additional Civil Judge (Jr. Div.) Bokaro.

3. The FIR was instituted on 27.06.2020 against the owner cum driver of Tractor bearing Registration No. JH-09AJ-3415 along with Trolley bearing Registration No. JH-09K-5088 namely Ravindra Kumar Rai on the basis of Letter No. 1657/Mining dated 27.06.2020 issued by the Mining Officer, Bokaro alleging therein that on 25.06.2020 at about 10:00 AM one Tractor bearing Registration No. JH-09AJ-3415 along with its Trolley bearing Registration No. JH-09K-5088 was seized while the said Tractor was carrying 100 cft. sand without any legal Mining Transport Challan and thereafter the said tractor was seized and seizure list was prepared.

4. Mr. Sanjay Kumar, learned counsel for the petitioner submits that the petitioner is the rightful owner of the said tractor and she did authorise the said tractor to her husband namely Ravindra Kumar Rai to operate the said tractor. He further submits that there is no dispute with regard to ownership of the said tractor. The Tax Invoice, Policy Certificate and Fitness Certificate are annexed with the petition. He also submits that for release of the said tractor, a petition was filed before the learned trial court, which was rejected vide order dated 16.03.2021 and that was challenged before the revisional court in Cr. Rev. No. 35 of 2021, which was also dismissed vide order dated 02.08.2021. He further 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. He further submits that the petitioner is not claiming minerals.

5. Mr. Prabir Kumar Chatterjee, learned counsel for the State submits that in the light of Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is required to pay the double amount of the minerals and the arrangement has been granted in the said Rule. He further submits that for release of the minerals and the vehicle, the petitioner is required to follow the procedure as an interim measure.

6. Admittedly, the vehicle of the petitioner was seized on 25.06.2020 and the petitioner filed an application for release of the vehicle before the learned trial court which was rejected vide order dated 16.03.2021, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the vehicle was rejected by the concerned Court.

7. There is no bar in the Mines and Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles and the minerals in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act.

8. Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is amended by Jharkhand Minor Mineral Concession Amendment Rules, 2017, which reads as under:

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