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.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. 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. This petition has been filed for quashing the order dated 29.01.2020 passed in Criminal Revision No. 410 of 2019, whereby the prayer of the petitioner for release of the vehicle in question has been rejected and the order passed by the learned Judicial Magistrate, 1st Class, Bokaro dated 07.11.2019 passed in G.R. No. 738 of 2019, arising out of Chas (M) P.S. Case No. 52 of 2019 was affirmed:

The First Information Report was registered alleging therein that on 25.06.2019 the District Mining Officer Bokaro has reported the local police alleging that on 24.06.2019 at 12.30 hours after noon in court of patrolling vehicle no. JH-02-AP-5418 loaded with 57.240 MT Steal coal seized at NH-32 near Chas (M) P.S. and entrusted to police station to keep it in safe custody. In respect of loaded coal and its paper verified by Mining Inspector, according to him Transport Challan in Form ‘D’ as per Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules 2017 was not with the vehicle which is violation of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage), Rules 2017 and prayed to lodge FIR against the owner and driver of the vehicle No. JH-02-AP 5418 with loaded coal of 57.240 MT as per above regulation and proper sections of Indian Penal Code together with to do its confiscation.

3. Mr. Mazumdar, the learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is not the owner of the coal in question which was being transported in the vehicle of this petitioner. He submits that, however, a petition for release of the vehicle and for release of the coal was filed by the respective owners which was rejected and subsequently affirmed in the criminal revision. He submits that this vehicle is commercial in nature and the trial has not been concluded as yet. He further submits that there is provision of confiscation of the seized article in terms of section 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957. He further submits that confiscation is required to be done once the trial is concluded and the petitioner is found to be guilty in the trial. He further submits that in view of amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 which was incorporated in Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. By virtue 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 goods in question can be released.

4. Mr. P.D. Agarwal, the learned counsel appearing on behalf of the respondent State submits that in light of Rule 54(5) of Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is the owner of the minerals and he is required to pay the double amount of minerals and the arrangement has been granted in the said Rule how to deposit. He further submits that for release of the vehicle, the petitioner is required to follow the procedure as an interim measure.

5. Since the petitioner is not claiming the coal as he has submitted that he is not the owner and only the transporter, there is no need to deposit the double amount if the coal in question is not being claimed by the petitioner. For the sake of convenience, section 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957) is quoted herein-below:

“21.(4-A) Any mineral, took, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in acc