Manoj Kumar Kesharwani vs State Of U.P. And 2 Others
2021 Latest Caselaw 6254 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2658 of 2021
 

 
Petitioner :- Manoj Kumar Kesharwani
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mahabir Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present writ petition under Article 227 has been filed seeking the writ in the nature of mandamus commanding District and Sessions Judge, Allahabad to decide the criminal revision No.38 of 2021 (Manoj Kumar Kesarwani Vs. State of U.P. and another).

The contention of the counsel for the petitioner is that proceedings were initiated against the petitioner under Mines and Minerals Act, 1957 and the vehicle of the petitioner was seized by the authorities. The petitioner moved an application for releasing of the vehicle which was directed to be released vide order dated 11.12.2020 (annexure-2) to the writ petition. As the compounding has been done, the vehicle is liable to be released. Subsequently a complaint was filed by the Mines and Minerals Department seeking prosecution of the petitioner in a case which was registered as complaint case No.1648 of 2020 and as the vehicle was not released the Court proceeded to pass a fresh order on 4.1.2021 recording that as the complaint is filed and is pending and further in view of mandate of Section 21(4) of the Act the vehicle is liable to be seized as such the release of the vehicle was refused.

Counsel for the petitioner argues that the order of confiscation can be passed only after the adjudication of the complaint and the Court ought to have released the vehicle of the petitioner during the pendency of complaint. He has placed reliance in the case of Sunder Bhai Amba Lal Desai Vs. State of Gujrat; 2003 (46) SCC 203.

In view of the said judgment, it is clear that the court has power to release the vehicle with surety of bond however as the petitioner has already filed a revision which is pending before the District Judge, the present petition is disposed of with a direction to the District and Sessions Judge to decide the Criminal Revision No.38 of 2021 as early as possible. However, It is further directed that the application for release of vehicle shall be decided in the light of the judgment of the Supreme Court in the case of Sunder Bhai Amba Lal Desai (Supra) within a period of two weeks from the date of filing of the copy of the order .

With the aforesaid direction, the petition is dispose of.

Order Date :- 15.6.2021

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