Confiscation proceedings by the Deputy Commissioner are ultra vires as per Rule 11(v) of the Jharkhand Minerals Rules, lacking jurisdiction under the Mines Act.

ANIL KUMAR CHOUDHARY, J.

By the Court:- Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) for quashing the order dated 30.05.2023 passed by the Deputy Commissioner-cum-District Magistrate, Latehar in Confiscation Case No.70 of 2023 in connection with Herhanj P.S. Case No.18 of 2023 registered under Sections 379 , 414, 34 of the INDIAN PENAL CODE , Section 21 of MMDR Act, Rule13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage, Rules, 2017 by which confiscation proceeding has been initiated against the vehicles of the petitioners bearing registration no. JH 20 F 1123 which belongs to petitioner no.1 and JH 02 AU 2506 belongs to the petitioner no.2. Though a further prayer has also been made by the learned counsel for the petitioners to order for quashing the order dated 05.10.2023 passed by the learned Chief Judicial Magistrate, Latehar in M.C.A. No.1545 of 2023 in connection with Herhanj P.S. Case No.18 of 2023 but the same has not been pressed by the petitioners, accordingly, the prayer to quash the order dated 05.10.2023 passed by the Chief Judicial Magistrate, Latehar is rejected as not pressed. Yet another prayer has been made to set aside the order dated 16.06.2024 passed in Confiscation Case no.70 of 2023 by the Respondent no.2 by which the said two vehicles of the petitioners have been directed to be released with the condition of payment of fine of Rs.1 Lakh and bond of Rs.1 Lakh as the same is bad in law having been passed without jurisdiction.

3. The brief facts of the case is that on a written information given by the Respondent No.4-District Mining Officer, Latehar that as per secret information, raid was conducted and two trucks loaded with coal were found and on being asked, the drivers produced e-challan but the e-challan was found beyond the stipulated time period, hence, the said two trucks of the petitioners were seized and the drivers were arrested. On the basis of the written report, Herhanj P.S. Case No.18 of 2023 was registered. It is next submitted that consequent upon the registration of the case, the Deputy Commissioner-cum-District Magistrate, Latehar in purported exercise of power under Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 initiated Confiscation Case No.70 of2023.

4. Learned counsel for the petitioners relied upon the judgment passed by Division Bench of this Court in the case of M/s Aditya Enterprises and others vs. The State of Jharkhand and others in W.P.(c). No.6788 of 2023 and allied cases dated 22.07.2024 and submits that therein it has categorically been held by the Division Bench of this Court that it is only the Court taking cognizance who is the Confiscating Authority under the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made thereunder being the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the Deputy Commissioner of any district has got no power to initiate and decide the confiscation proceeding; as the power vested upon the Deputy Commissioner under Rule 11(v) of the said rule is in conflict with the parent Act, thus, Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage, Rules, 2017 is ultra vires to the parent Act being the Mines and Minerals (Development and Regulation) Act, 1957, hence, the impugned orders dated 30.05.2023 and 16.06.2024 passed by the Deputy Commissioner-cum-District Magistrate, Latehar in the said Confiscation Case No.70 of 2023 being without any jurisdiction is not sustainable in law, hence, the same be quashed