Dharmendra Singh Sikarwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3444 MP

                                            1            W.P.9482.2021

           The High Court of Madhya Pradesh
                     Bench at Gwalior
                      WP.9482.2021
     (Dharmendra Singh Sikarwar Vs. State of M.P. & Ors.)


Gwalior, dated;19.07.2021

      Shri S.S. Rawat, learned counsel for petitioner.

      Shri Ankur Modi, learned Additional Advocate General for

respondents/State.

Heard through video conferencing.

Challenge in this petition is to the order dated 05.05.2021

passed by Collector (Mining Branch), District Ashoknagar (M.P.)

by which vehicle in question i.e. Dumper bearing registration

No.UP-75-M-5638 belonging to the petitioner has been

confiscated with the direction to the petitioner to hand over the

possession of the vehicle.

Pertinently, this Court by an interim order dated 30.06.2021

has allowed the petitioner to retain possession of the said vehicle

on furnishing security of Rs.10,00,000/-.

The ground taken in this case in support of challenge is that

after seizure of vehicle on 08.01.2021 on being involved in illegal

transportation of sand, the vehicle was kept in custody of the

police. Thereafter, the petitioner in terms of provisions of Rule

20(2) of M.P. Sand (Mining Transportation, Storage and Trading)

Rules, 2019 paid penalty of Rs.33,000/- and the mining offence

was closed which is evident from P/4, dated 20.01.2021 with

direction to hand over the possession of vehicle in question to the 2 W.P.9482.2021

petitioner.

It is not disputed that custody of vehicle in question

continues to be in possession of petitioner till date.

In the backdrop of aforesaid facts, the ground taken is that

once mining offence was concluded by way of payment of

penalty/compounding, the same cannot be reopened merely on the

strength of interim order dated 18.09.2020 passed in PIL bearing

W.P. No.7695/2015 (vide P/8).

The aforesaid question is no more res-integra in view of the

common judgment dated 07.07.2021 passed in bunch of petitions

including W.P. No.9484/202021 (Hanumant Singh Lodhi Vs. State

of M.P. & Ors.) where similar orders of confiscation as impugned

herein were quashed on the ground that once the mining offence

of illegal transportation stands closed and concluded by payment

of penalty/compounding, the same cannot be reopened on the

strength of the interim order dated dated 18.09.2020 passed in PIL

W.P. No.7695/2015.

The order dated 07.07.2021 passed in similar cases shall

apply mutatis mutandis for disposal of present petition.

Accordingly, present petition is allowed and impugned

order dated 05.05.2021 passed by Collector (Mining Branch),

District Ashoknagar (M.P.) is quashed.

The petitioner is entitled to retain the custody of the vehicle

and the security furnished pursuant to the interim order passed by

this Court stands discharged.

3 W.P.9482.2021

However, retention of vehicle in question by petitioner shall

remain subject to final outcome of the criminal prosecution

arising out of the same incident.

                                            (Sheel Nagu)                  (Deepak Kumar Agarwal)
                                               Judge                              Judge
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                   VIPIN KUMAR
                   AGRAHARI
                   2021.07.23
                   18:37:20 +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'