( 2025:JHHC:36359 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (Cr.) No. 541 of 2025 Damodar Yadav, aged about 44 years, son of Basudev Yadav, R/o Village Karounjiya, P.O and P.S. Chandwara, District Koderma --- --- Petitioner Versus 4. The State of Jharkhand 5. The Deputy Commissioner-cum-District Magistrate, Garhwa, P.O,P.S & District Garhwa 6. The Superintendent of Police, Garhwa, P.O, P.S & District Garhwa --- --- Respondents --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioner: M/s Anushka Swadha, Ashish Gautam, Advocate For the Resp.-State: Mrs. Moushmi Chatterjee, A.C to G.A-V --- 03/ 04.12.2025 Petitioner Damodar Yadav has filed this writ application for quashing of the entire proceedings of Confiscation Case No. 08 of 2020-21 arising out of Ketar P.S. Case No. 48 of 2020 registered under sections 379/411/420/120/34 of the Indian Penal Code, Rule 54 of J.M.M.C (AR) and section 21 of M.M.D.R Act in respect of confiscation of Poklane Machine which was seized and confiscated by the Informant party. Petitioner has further prayed for release of Rs. 5.00 lakh deposited by the petitioner as a condition for release of the vehicle. 2. Learned counsel for the petitioner submitted that the Poklane Machine was confiscated in connection with Confiscation Case No. 08 of 2020-21. In the said confiscation proceeding, petitioner was directed to deposit Rs. 5.00 lakh as a condition for release of the vehicle. In compliance thereof, the petitioner deposited the aforesaid amount and his vehicle was released. It was submitted that Confiscation Case No. 08 of 2020-21 pending before the Deputy Commissioner-cum-District Magistrate, Garhwa is to be quashed as he is not the Confiscating Authority in terms of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. It was further submitted that the proceeding was initiated in terms of Rule 11(v) of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, which has been declared ultra vires by the Division Bench of this Court vide order dated 22.04.2024 passed in W.P (C) No. 6788 of 2023. 3. Learned counsel for the State submits that since the vehicle has been 2. released after deposit of Rs. 5.00 lakh, the same should not be returned to the petitioner. 4. Since the provision of law under which confiscation was done, has been declared ultra vires, the entire Confiscation Proceeding being Confiscation Case No. 08 of 2020-21 pending before the Deputy Commissioner-Cum- District Magistrate, Garhwa is set aside. All consequential order is set aside. The amount of Rs. 5.00 lakh deposited by the petitioner should be refunded to the petitioner within three weeks from the date of receipt of a copy of this order. 5. Accordingly, this writ application is allowed. (Ambuj Nath, J) December 04, 2025 Ranjeet/ Uploaded 06.12.2025