2025:JHHC:15015 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 327 of 2025 Md. Sahim Adil, son of Md. Mokarim, resident of Champua, Muslim Basti, P.O and P.S. Champua, District Kendujhar, Odisha 758041. . … Petitioner(s). Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Chaibasa, West Singhbhum. 3. The Superintendent of Police, West Singhbhum. 4. The Mines Inspector, Nowamundi, West Singhbhum. 5. The Officer-in-Charge, Nowamundi Police Station, West Singhbhum. ….. Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : M/s Ranjit Kr. Tiwari and Deepak Kumar, Advocates. For the State : Mr. Saurav Mahto, AC to GP-I …..... 03/10.06.2025: Heard the learned counsel for the parties. 2. In this writ petition, the petitioner has prayed for quashing the order dated 23.3.2023 (final Order) passed in Confiscation Case No. 12/2022, whereby, the learned Deputy Commissioner, West Singhbhum at Chaibasa has passed an order to confiscate the vehicle bearing Registration No. OR 09J 9638 of this petitioner. 3. Counsel for the petitioner submits that the vehicle was confiscated in Confiscation Case No. 12/2022. It is his contention that the impugned order is absolutely bad as the Deputy Commissioner has got no jurisdiction. He further submits that now the entire confiscation case is without jurisdiction as the Deputy Commissioner is not an appropriate authority to confiscate the vehicle under the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. 4. Learned counsel for the State admits that Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 has been declared ultra vires by Division Bench of this Court in WP(C) No. 6788 of 2023. 5. Admittedly, the confiscation proceeding was in terms of Rule 11(v) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The aforesaid provision has been declared ultra vires by the Division Bench of this Court in WP(C) No. 6788 of 2023. 6. Since the provision of law under which, confiscation was done has been declared ultra vires, the entire confiscation proceeding being Confiscation Case No. 12/2022 before the Deputy Commissioner, West Singhbhum at Chaibasa is set aside. All consequential orders are also set aside. Thus, this Court directs that the vehicle of the petitioner bearing Registration No. OR 09J 9638 be released forthwith after proper verification of the documents. 7. Accordingly, this writ petition stands allowed. Anu/-CP-3 (ANANDA SEN, J.)