Arindam Ghosh vs State Of Jharkhand

Ananda Sen, J.

Heard the parties.

This Criminal Writ Petition has been filed seeking compensation for the Poclain Machine (Schwing Steller), which according to the petitioner has been seized illegally.

It is the case of the petitioner that the machine in question was seized in connection with Shikaripara P.S. Case No.62 of 2022 registered under Sections 379 and 34 IPC and Rule 4/54 of the Jharkhand Minor Mineral Concession Rules (JMMC) Rules under Section 4/5 of the Explosive Substance Act. It is the case of the petitioner that since the confiscation order which was passed by the Deputy Commissioner is illegal, a Coordinate Bench of this Court in W.P. (Criminal) No.242 of 2024, has set aside the confiscation order and directed the Authority to file an application for release of the said vehicle. Ultimately the machine was released in favour of the petitioner.

On  this  background,  the  petitioner  has  prayed  that since his vehicle was kept seized for more than two years, he needs to be compensated.

Learned counsel representing the State, submits that the seizure was as per the law, which was prevalent then but at the later stage, the said provision was declared ultra vires. Thus, on the date of seizure, it cannot be said that the same was illegal.

To claim monetary compensation, several factors need to be considered. One of the factors needs to be considered is that what was the actual loss of the petitioner. The loss of a person can only be calculated and assessed after the person who is claiming compensation leads evidence and brings forth to the Court sufficient material to show that he had sustained damages and loss and must prove the extent of such damages. This can be done only by leading evidence.

This complicated question of facts cannot be decided in an application under Article 226 of the Constitution of India. Thus, I am not inclined to entertain this Criminal Writ Petition filed under Article 226 of the Constitution of India. The petitioner, if so advised will file an appropriate suit for damages, if the same is maintainable and if the petitioner can prove that the seizure was absolutely illegal.

With the aforesaid observation, this Criminal Writ Petition stands dismissed.