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SUBHASH CHAND
Nikku Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
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
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 sei....
The jurisdiction of a criminal court to release a seized vehicle is not barred by pending confiscation proceedings under mining regulations.
The central legal point established is that the release of seized vehicles under the MMRD Act 1957 and Jharkhand Minor Mineral Concession Rules 2004 is not statutorily barred, and release can be allo....
Confiscation proceedings under state rules cannot prevail over the central MMDR Act; vehicles involved in offenses should be released promptly unless necessary for evidence.
Confiscation of vehicles requires a competent court's order based on a written complaint, not an FIR; statutory procedures must be followed.
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