IMPORTANT POINT
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 seized property.

JUDGMENT :

Subhash Chand, J.

Learned counsel for the petitioner and learned A.P.P. for the State are present.

2. The instant criminal revision has been directed on behalf of the petitioner against the order dated 7th October, 2023 passed by the learned Sub-Divisional Judicial Magistrate, Sahibganj in Misc. Criminal Application No.1536 of 2023 arising out of Mrizachowki P.S. Case No.39 of 2023, whereby and whereunder the application for release of the Tractor bearing registration no.BR-10 JC 3071 and trolley has been rejected.

3. The brief facts leading to this criminal revision are that the informant District Mining Officer, Sahebganj on 18th April, 2023 in the night at 01.00 a.m. conducted raid and at mouza Guttibera found four vehicles loaded with 150 cft. stone chips in one vehicle and 100 Cft. Stones chips in other vehicle. Hence, this F.I.R. was lodged.

4. The learned counsel for the petitioner has submitted that a application was moved on behalf of the petitioner who was owner of the tractor bearing no. BR 10 JC 3071 and trolley which was being used in alleged theft and transportation of the stone chips. The release application was moved on the ground that he was the owner of the tractor and trolley and the same is lying in open place in the police station concerned and its utility would be diminished if remained there. From the impugned order, it is evident that confiscation proceeding relating to Mirzachowki P.S. Case No.39 of 2023 is going on against the said vehicle. The learned trial Court rejected the release application of the said vehicle on the very ground that since the confiscation proceeding was going. The learned trial court has not taken into consideration that the retention of vehicle in the police station concerned for an indefinite period would damage the same.

5. The learned A.P.P. for the State has defended the impugned order on the ground that the impugned order bears no infirmity and the learned trial Court has rightly rejected the release application.

6. I have heard the learned counsel for the petitioner and learned A.P.P. for the State and perused the materials available on record.

7. Herein the Rule 11 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 becomes relevant to reproduce 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:

It shall be the responsibility of the mining lessee/dealers to ensure that their carriers afford all assistance and co-operation for such inspection.

(ii) The dealer/lessee shall allow any competent authority/competent officer or any such officer authorized by competent authority to inspect the place where mining, storage and processing unit exists to verify the stocks of ore and minerals and take sample or the abstract from the records maintained by him.

(iii) Every dealer shall allow competent authority competent officer or any officer authorized by the director, Mines/Commissi