The Deputy Commissioner lacks jurisdiction to confiscate vehicles seized under the Mines and Minerals Act without a competent court's order, as per Section 21(4A).

JUDGMENT :

(Anil Kumar Choudhary, J.) :

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for grant of an appropriate writ (s)/order (s)/direction (s) for quashing the order dated 07.02.2023 passed in Confiscation Case No.12 of 2022 whereby and where under the respondent No.2- Deputy Commissioner, West Singhbhum at Chaibasa has confiscated the Hywa vehicle bearing registration No. JH O5AX 4407 which was seized in connection with Noaumundi P.S. Case No.04 of 2022 registered for the offences punishable under Sections 379, 414, 34 of the Indian Penal Code and Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 as well as Rule 9 and 11 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and for release of the said vehicle.

3. The brief fact of the case is that the petitioner is the owner of the said Hywa vehicle bearing registration No. JH O5AX 4407. The same was seized on 24.01.2022 by the Mines Inspector for allegedly being involved in illegal transportation of sand, stone chips and iron ore without challan. Though in paragraph-4 of the instant writ petition it has wrongly been printed that the vehicle of the petitioner was seized by the Officer In-charge of Nouamundi Police Station rather it is the Mines Inspector who seized the vehicle in question and handed it over to the Officer In-charge of Nouamundi Police Station for safe keeping and the said vehicle is now in the premises of Nouamundi Police Station. Learned counsel for the petitioner files the certified copy of the seizure list of the said Hywa vehicle by the Mines Inspector; to substantiate this part of his submission.

4. Let the same be kept in the record.

5. Learned counsel for the petitioner submits that the allegation against the petitioner is false. The said Hywa vehicle of the petitioner never indulged in any illegal activity. After seizure of the said vehicle, the Superintendent of Police requested to the Deputy Commissioner, West Singhbhum at Chaibasa for initiation of proceeding in respect of the said seized Hywa vehicle bearing registration No. JH O5AX 4407. The respondent No.2 being the Deputy Commissioner, West Singhbhum at Chaibasa on receipt of the said report initiated Confiscation Case No.12 of 2022 without verification of documents submitted by the petitioner; only on the basis of report submitted by the Mining Inspector and Police. Learned counsel for the petitioner draws the attention of this Court towards Annexure-6 which is the order dated 07.02.2023 passed by Deputy Commissioner, West Singhbhum at Chaibasa and submits that in the said order the Deputy Commissioner, West Singhbhum at Chaibasa has categorically mentioned that the said Hywa vehicle has been confiscated under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 as well as Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel for the petitioner further draws the attention of this Court towards page-22 of the brief which is the written report submitted by the Mines Inspector, and submits that the Mines Inspector has seized the said vehicle in exercise of the power under Rule 11 (i) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 inter alia for the offence punishable under Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957. It is next submitted that Section 21 (4A) of the Mines and Minerals (Development and Regulation) Act, 1957 envisages that the vehicle seized under 21 (4A) of the Mines and Minerals (Development and Regulation) Act, 1957 can be confiscated and disposed of only by the order of a court competent to take cognizance of the offence and in this case the Deputy Commissioner, West Singhbhum at Chaibasa was not the competent court for taking cognizance of any of the offences as alleged in