JUDGMENT : 1. Heard Manish Kumar, learned counsel appearing for the petitioner and Mr. Ashwini Bhushan, the learned counsel for the respondent State. 2. This petition has been filed for quashing the order dated 07.04.2022 passed by Shri Ranjeet Kumar, Principal Sessions Judge, Jamtara in Criminal Revision No.05/2022 whereby the revision application filed by the petitioner has been dismissed affirming the order dated 03.02.2022 passed by learned Chief Judicial Magistrate, Jamtara in Jamtara P.S.Case No.124/2021 whereby the prayer for release of Tractor bearing Chasis no.1VY5036DAKA008329, Engine No.py3029d534058 and Tailor Chasis No.JME0006 belonging to the petitioner no.1 as well as tractor bearing registration No.JH10BA6709 and trailor bearing no.JH10BA0645 belonging to the petitioner no.2, Rabilal Murmu, was rejected on the ground that confiscation proceeding is pending, pending in the court of learned Chief Judicial Magistrate, Jamtara. 3. The FIR was lodged on the following premise:- That the aforesaid two vehicles were found transporting sand for which Jamtara PS Case No.124/2021 has been registered us/ 414 IPC section 21 MMRD Act 1957 and section 54 of Jharkhand Minor Mineral Concession Rule 2004 on the basis of written complaint of the District Mining Officer submitted to the officer in charge Jamtara wherein it was alleged that on 25.09.21 at about 12.30 PM he along with some other police official raided near Rajia river and Baraker river where they dound some trastors were engaed in loading sand and they seized the tractors bearing registration No.JH10BA 6709 and trailor bearing no.JH10BA 0645 loaded with 100 C.ft. sand tractor bearing registration No.JH10A 4421 and trailor bearing no.JH10CA 3923 loaded with 40 C.ft sand Sonalika tractor bearing Engine No.3100FLU1481025116F18 and Chesis No.MYASR103027153 and trailor no. was not visible loaded with 100.C.ft sand and tractor being Engine No.PY3029D534058, Chasis No.1VY5036DAKA008329 and trailor no.was not visible loaded with 100 C.ft sand all are illegally loaded for which a case u/s 414 of IPC and section of MMRD Act and section 54 of Jharkhand Mines and Minerals Concessions Rules has been registered against the petitioner and others. 4. At the outset, learned counsel appearing for the petitioner submits that the petitioners are not challenging the vires of any provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. 4. At the outset, learned counsel appearing for the petitioner submits that the petitioners are not challenging the vires of any provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel submits that the petitioners filed a petition for release of minerals and the vehicle, which was rejected by order dated 03.02.2022 by the learned C.J.M., Jamtara in Jamtara P.S.Case No.124/2021. 5. Being aggrieved by the aforesaid order, the petitioner has invoked the jurisdiction in this Court under Article-226 of the Constitution of India. 6. Mr. Kumar, learned counsel appearing for the petitioner submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2017 by virtue of Rule 13 thereof the order may kindly be passed. 7. Mr. Ashwini Bhushan, appearing for the State submits that in the light of Rule 54(5) of he Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is required to pay the double amount of the mineral and the arrangement has been granted in the said Rule. He further submits that for release of the mineral and the vehicle, the petitioner is required to follow the procedure as an interim measure. 8. Admittedly, the vehicle of the petitioners were seized on 25.09.2021 and the petitioners filed an application for release of the minerals and vehicle, but the same was rejected on 03.02.2022, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the said vehicle was rejected by the concerned Court. 9. There is no bar in the Mines & Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act. 10. 9. There is no bar in the Mines & Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act. 10. Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is amended by Jharkhand Minor Mineral Concession Amendment Rules, 2017, which reads as under:- ^^;fn fdlh okgu dk dksbZ pkyd y?kq [kfut dks ifjogu djrs le; l{ke inkf/kdkjh vFkok funs'kd] [kku vFkok vij funs'kd] [kku vFkok mi funs'kd] [kku vFkok ftyk@lgk;d [kuu inkf/kdkjh vFkok lekgrkZ vFkok lekgrkZ ;k jkT; ljdkj }kjk izkf/kd`r fdlh inkf/kdkjh dks izi= ^,e* vFkok >kj[k.M [kfut leuqnku fu;ekoyh] 2004 ds vUrxZr QkeZ Mh esa ifjogu pkyku fn[kkus esa vlQy jgrk gS vFkok fujh{k.k ls bUdkj djrk gS] rks mls vf/kdre 01 o’kZ dh dSn vFkok [kfut ewY; dh nksxquh jkf'k ds cjkcj n.M vFkok nksuksa ,d lkFk n.M fn;k tk ldrk gS rFkk nwljh ,oa rhljh ckj oS/k ifjogu pkyku izLrqr ugha fd, tkus ij mijksDr ds vfrfjDr n.M dh jkf'k Øe'k% 50]000-00 ¼ipkl gtkj :i;s ,oa 1]00]000@ ¼,d yk[k½ :i;s gksxhA tk¡p djus okys inkf/kdkjh n~okjk voS/k ifjogu djrs ik;s tkus ij okgu dks [kfut lfgr tIr fd;k tk,xk rFkk ftls fdlh ljdkjh izfr"Bku esa vFkok LFkkfu; Fkkuk izkax.k esa lqjf{kr j[kk tk,xkA l{ke inkf/kdkjh }kjk voS/k ifjogudrkZ ds mijksDr n.M 'kqYd ,oa bl vk'k; dk ca/k i= (Bond Paper) lefiZr fd, tkus ij fd U;k;ky; }kjk uksfVl fn, tkus ij mifLFkr gksaxs] okgu dks [kfut lfgr NksM+k tk ldrk gS] ijUrq voS/k ifjogudrkZ ij fu;ekuqdwy dkjZokbZ gsrq bldh lwpuk U;k;kf;d n.Mkf/kdkjh dks nh tk,xhA ca/k i= dk izi= funs'kd] [kku }kjk vyx ls ifjpkfyr fd;k tk,xkA 11. On perusal of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, it transpires that the minerals can be released on payment of double amount of the cost of the minerals, to be deposited before the competent authority. As such, the petitioner is allowed to deposit the double amount in terms of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, which provides for releasing of the minerals after depositing the double amount of the cost of the minerals. 12. As such, the petitioner is allowed to deposit the double amount in terms of Rule 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, which provides for releasing of the minerals after depositing the double amount of the cost of the minerals. 12. In view of Rules 54(5) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017, by way of interim order, the following orders are being passed:- (i) The petitioner shall deposit the double amount of the cost of the minerals before the Deputy Commissioner, Jamtara. (ii) If the amount in question shall be deposited for the release of the said minerals, the said minerals shall be released forthwith without prejudice to the right and contention of the petitioner, subject to the final result of the criminal proceedings. 13. So far as the release of the vehicle is concerned, the same shall be released in favour of the petitioner on his undertaking on the following terms and conditions:- (i) The petitioner shall furnish an indemnity bond to the satisfaction of the court below. (ii) One of the surety must be a resident and owner of a commercial vehicle of District Jamtara (Jharkhand). (iii) That the petitioner shall not sale, mortgage or transfer the ownership of the vehicle on hire purchase agreement or mortgage or in any manner. (iv) He shall not change or tamper with the identification of the vehicle in any manner. (v) He shall produce the vehicle as and when directed by the Trial Court or before the confiscating authority. 14. The aforesaid conditions are the subject to the final result of the confiscation proceeding and the criminal proceedings. 15. With the aforesaid observations and directions, this writ petition is allowed and disposed of.