A valid seizure is a prerequisite for the confiscation of property, and confiscation without an order from a competent court is not in accordance with the law.

JUDGMENT :

Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for grant of an appropriate writ/order/direction for quashing the seizure of vehicle bearing registration No. JH 02AQ 4220 seized in connection with Balumath P.S. Case No.169 of 2022, registered for the offences punishable under Section 30 of the Coal Mines (Nationalization) Act, 1973 read with Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, to quash the order dated 04.05.2023 passed by the Deputy Commissioner-cum-District Magistrate, Latehar passed in Confiscation Case No.108 of 2022; under Rule 11 (v) of Jharkhand Minerals Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, whereby the Deputy Commissioner, Latehar confiscated the vehicle bearing registration No. JH 02AQ 4220 and directed the District Mining Officer, Latehar to get the vehicle auctioned and deposit the collected amount in the State treasury and also for release of the vehicle bearing registration No. JH 02AQ 4220 in favour of the petitioner by directing the learned Chief Judicial Magistrate, Latehar on such terms and conditions as the learned Chief Judicial Magistrate, Latehar, may deem fit and proper.

3. The brief facts of the case is that the said Hywa vehicle bearing registration No. JH 02AQ 4220 was seized by the Sub-Inspector of Police vide seizure list, the copy of which has been kept at page-31 of the brief for having committed the offence punishable under Section 30 of the Coal Mines (Nationalization) Act, 1973 and Section 21 of the MMDR Act as well as Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. In connection with the said occurrence, Balumath P.S. Case No.169 of 2022 was registered for the offence punishable under Section 379, 411 of the Indian Penal Code, Section 30 of the Coal Mines (Nationalization) Act, 1973, Section 21 of the MMDR Act, 1957 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The petitioner filed an application for release of the vehicle in the court of Chief Judicial Magistrate, Latehar and vide order dated 16.05.2023, the learned Chief Judicial Magistrate, Latehar dismissed the prayer for release of the vehicle. Thereafter, the petitioner filed W.P. (Cr.) No.319 of 2023. The Deputy Commissioner, Latehar, initiated the proceeding under Rule 11 (v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 vide Confiscation Case No.108 of 2022 and confiscated the said vehicle bearing registration No. JH 02AQ 4220.

4. Learned counsel for the petitioner submits that the confiscation proceeding has been initiated by the Deputy Commissioner being under Rule 11 (v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. So, obviously the seizure of the said Hywa vehicle was under Rule 11 (i) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 which reads as under:-

11. Search, Seizure and Confiscation:-

(i) The following officers are authorized to stop, check, search and verify at any place/truck/Other Vehicle carrying the minerals/ore from the mine or other source or storage and seize the same as required within the jurisdiction as specified below: