R.R.PRASAD, J. - (1.) THIS writ application is directed against that part of order dated 21.8.206 passed by learned Chief Judicial Maigstrate, Chaibasa in Misc. Case No. 18 of 2006 (arising out of Noamundi P.S Case No. 15 of 2006), whereby learned Chief Judicial Magistrate, Chaibasa was pleased to pass order for confiscating the trucks bearing Registration Nos. PB -10 BH -4287 and PB -13L -7987, belonging to petitioner no. 1 - Avatar Singh, and PB -10 AS -9565, belonging to petitioner no. 2 - Mohinder Singh.
(2.) THE facts giving rise this application are that on 23.2.2006 a team, consisting of District Mining Officer, Chaibasa and others constituted for the purpose of stopping illegal mining transportation etc., raided a place known as Jojo Camp situated at Noamundi and found huge quantity of fine iron ore stored on a vacant piece of land which was being loaded on several trucks including the trucks in question with the help of dumper and J.C.B. On seizure of the challan and other documents, it could be known that the iron ore was to be transported from Orissa to Haldia Port under the transit permit issued by the Government of Orissa, but the transporters instead of taking the trucks to its destination brought it at Jojo Camp so that the iron ores, illegally mined and stored, be loaded on those trucks before proceeding to its destination. From the documents, it could be also known that one Manish Khemka of Calcutta was the person who had indulged himself in the illegal activities in connivance with the transporter - S.M. Carrier Private Ltd. and thereby 8 trucks, one dumper and one J.C.B. were seized. On the basis of the said complaint, an F.I.R. was instituted as Noamundi P.S Case No. 15 of 2006 under Sections 447, 353, 467, 468, 120B/34 of the Indian Penal Code as well as under Sections 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 and also under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. Subsequently, on a report (Ext. 3), submitted by the Officer In -charge, Noamundi P.S. to Chief Judicial Magistrate, Chaibasa, a confiscation proceeding was initiated vide Misc. Case No. 18 of 2006 for confiscating the vehicles seized in connection with the aforesaid case. On being noticed, petitioner no. 1 - Avatar Singh, owner of two trucks bearing Registration Nos. PB -10 BH -4287 and PB -13L -7987, and petitioner no. 2 - Mohinder Singh, owner of the truck bearing Registration No. PB -10 AS -9565, filed their showcauses, wherein they stated that the vehicles had been engaged by North Eastern Carrier Corporation Limited for transportation of iron ores (fines) from Jajangar, Orissa to Haldia Port and on the way, the said vehicles have been seized, though neither the drivers nor the owners of the vehicles have been made accused for committing any offence under the Mines and Minerals (Development & Regulation) Act, rather whatever allegation of commission of offence under the Mines and Minerals (Development & Regulation) Act has been made, that has been made against Manish Khemka as well as transport S.M. Carrier Private Ltd. and, therefore, the vehicles in question be released in favour of the petitioners.
(3.) UPON it, the matter was taken up for inquiry, wherein Diwakar Prasad Singh (A.W. -1), Mines Inspector, Ashim Kispotta (A.W. -2), Circle Officer, Noamundi and the informant -Raghavnandan Prasad (A.W. -3), District Mining Officer, Chaibasa have been examined who stated before the 10/5/2014 Page 14 Equivalent Citation:2009 -JX(Jhar) -0 -952 court that when the iron ores were being loaded on the trucks, it were seized, as they did not have any documents relating to transportation of the same in terms of the provisions of Jharkhand State Minerals Transportation Rules, 2005 , rather the documents relating to transportation were there which had been issued by the Government of Orissa, but it were forged. The petitioners also examined themselves as O.P. W. 2 & O.P. W. 4, whereby they produced challans, issued by North Eastern Carrier Corporation Ltd., which were marked as Ext. B, E, and F, whereas transit permits were marked as X/2, X/3, X/4, X/5, X/6, X/7, X/8, X/9 and X/10 for identification. Learned court after considering the oral and documentary evidences did find the challans, issued by the North Eastern Carrier Corporation Ltd., and also transit permits, issued by the Government of Orissa, to be forged, as according to the court, writing of the numbers of the vehicles in the challans as well as in the transit permits were of different inks and on that ground alone, the vehicles were ordered to be confiscated. Being aggrieved with that order, this writ application has been filed.;