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Judgment
Sanjay Kumar Dwivedi, J
The learned counsel for the petitioner submits that the case of the petitioner is fully covered in view of the judgment passed by this Court in W.P.(Cr.) no.502 of 2023. He submits that in view of sub section 4-A of section 21 of Mines and Mineral (Development and Regulation), Act, 1957 only the court who is competent to take cognizance is required to pass the order for confiscation. He submits that this aspect has already been decided by this Court. He further submits that the vehicle in question is lying in open.
The learned counsel for the respondent State submits that this matter may be taken up on any another day to enable him to go through the judgment of this Court passed in W.P.(Cr.) No.502 of 2023.
The learned counsel for the respondent State shall take instruction as well as examine the said judgment and file the counter affidavit for which he seeks two weeks’ time.
Let it appear on 28.11.2023.
Till the next date, so far as vehicle in question bearing registration No.JH04P 5132 is concerned, the auction sale shall be kept in abeyance.