Sanjay Kumar Dwivedi, J
1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
2. The prayer in the writ petition is made for quashing of the order dated 21.07.2023 in Confiscation Case No.19/2022 whereby the direction has been issued for confiscation of the vehicle being Registration No. JH-09R-6362.
3. Mr. Mahesh Kumar Sinha, learned counsel appearing for the petitioner submits that Barwadda P.S. Case No.84 of 2022 was registered alleging therein that the said truck was carrying coal on the ground that the valid challan was not produced with regard to the coal. He submits that the said vehicle and the coal has been released in favour of the petitioner by order of the learned Judicial Magistrate, 1st Class, Dhanbad, however now the impugned order has been passed by the Deputy Commissioner on the strength of Rule 11(V) of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) 2017. He submits that the said Rule has already been declared ultra vires by the Division Bench of this Court by order dated 02.07.2024 passed in W.P. (C) No.6788 of 2023.
4. Further, learned counsel appearing for the petitioner submits that as per mandate of Section 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957, the appropriate authority is the Court, who has taken cognizance of the offence. The Deputy Commissioner or Collector has no power to confiscate the vehicle in question and this issue has already been settled by this Court vide order dated 13.09.2023 passed in W.P. (Cr.) No.502 of 2023 and vide order dated 29.11.2023 passed in W.P.(Cr.) No.808 of 2023.
5. In view of the law declared by the co-ordinate Bench of this Court, the District Magistrate-cum-Collector, Dhanbad is not a competent authority to pass the order of confiscation. Accordingly, the order dated 21. 07.2023 in Confiscation Case No.19/2022 is, hereby, quashed.
6. This petition is allowed and disposed of.
