Patna High Court
Saroj Sah vs The State Of Bihar on 5 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10729 of 2023
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Saroj Sah, Son of Sri Harishchandar Sah, resident of Village- Hathaura,
Badka Tola, P.O.- Hathaura, P.S.- Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Mines and Geology Department, Government of
Bihar, Patna.
3. The District Magistrate, Siwan, District- Siwan.
4. The District Mining Officer, Siwan, District- Siwan.
5. The Mines Inspector, Siwan, District- Siwan.
6. The Station Head Officer, Panchrukhi Police Station, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S. B. K. Manglam with
Mr. Awnish Kumar, Advocates
For the Respondent/s : Mr. S.K. Mandal, SC-3
Mr. Neelam Kumari, AC to SC-3
For the Mines : Mr. Naresh Dikshit, Spl. P.P.
Mrs. Kalpana, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-10-2023
Heard Mr. S.B.K. Manglam, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl. P.P. for the
Mines.
2. The petitioner claims to be the owner of twelve
wheeler truck, bearing Registration No. UP-53BT 4487, Engine
No.11B62996050 and Chasis No. MAT466375B5B04332 filed
the present writ petition seeking the following reliefs:
"(I) For issuance of an
appropriate writ in the nature of
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
CERTIORARI for quashing the seizure list
dated 23.11.2022 prepared by the
Respondent no.5 and contained in his letter
no. Camp-01/M/ Siwan dated 23.11.2022
whereby and where under the Respondent
no.6 was pleased to seize the petitioner's
twelve wheels truck bearing Reg. No. UP-
53BT-4487, (Registration number of truck
has been wrongly mentioned in the seizure
list as U253AT-4487.) on the ground that
the challan of the mines (yellow sand)
loaded on the truck has expired.
(II) For issuance of an
appropriate writ in the nature of
MANDAMUS, commanding and directing
the Respondent Authorities for release of the
petitioner's seized truck from the custody of
Respondent no.6 i.e. Station Head Officer,
Panchrukhi Police- Station on the ground
that the petitioner was carrying the yellow
sand under a valid challan dated 28.11.2022
and because of technical defects coming in
his truck, the petitioner's truck could not
reach the destination within the validity of
challan and, therefore, the seizure of the
petitioner's vehicle on the expiry of the
validity of challan only is thoroughly illegal,
impracticable and arbitrary in law.
(III) For issuance any other
appropriate writ/writs, order/orders,
direction/directions for which the writ
petitioner would be found entitled under the
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
facts and circumstances of the case"
3. It is submitted that the vehicle, in question, having
National Permit granted by the competent authority, valid up to
01.03.2026, had also obtained a certificate of fitness from the
Inspecting Authority, Gorakhpur R.T.O. till 22.06.2023, was
engaged for transportation of goods, including sands and
minerals.
4. On 21.11.2022, the petitioner's vehicle had loaded
500 Cft yellow sand from Brahmchari Construction, LLP
Cluster, Bhojpur and a valid Challan, bearing no.
166651221121025832790 was granted, which was valid until
2.58.32A.M. of 22.11.2022. While the petitioner's vehicle was
on the way for its destination, in the meantime, on account of
some technical problem, the vehicle stuck on the road and could
not reach to the destination before expiry of validity of Challan.
In support of the aforesaid averments, the petitioner has also
brought on record a Tax Invoice issued in favour of the
petitioner by Raj Kumar Automobiles, Babunia More, Siwan, by
way of Annexure-P-5, showing mechanical repairing of the
truck. After removal of the technical issue of the vehicle, when
it proceeded for its destination, in the meantime, it was
intercepted by the Mines Inspector, Siwan at Panchrukhi Toll
Plaza. On demand being made, the petitioner had produced all
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
the papers/documents regarding the ownership of the vehicle in
the name of the petitioner along with the valid challan, based
upon which he had loaded yellow sand on his truck.
5. It is submitted that even though the vehicle was
under load, but only because few hours before reaching
destination when the petitioner's truck was intercepted, the
validity of Challan had lapsed, thus the Inspector Mines
(respondent no.5) seized the petitioner's truck on 23.11.2022 at
9.00 A.M. and handed over to the House Station Officer,
Panchrukhi Police Station for its safe custody.
6. While assailing the impugned seizure list dated
23.11.2022 prepared by the respondent no.5, as contained in
letter no. Camp-01/M/Siwan dated 23.11.2022 it is contended
that according to Challan it was valid upto 2.58.32A.M. of
22.11.2022 and it was seized by respondent no.5 on 23.11.2022,
notwithstanding the driver of the petitioner's vehicle had
produced before respondent no.5, the Invoice of Garage,
suggesting performance of mechanical work of the petitioner's
truck for repairing its defect. He further submits that Jam on
Ara-Chapra Road is known to all which consumes even a couple
of days for a vehicle to cross Veer Kuer Singh Setu at River
Ganges near Doriganj in the district of Saran and, therefore, if
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
the validity of valid challan had expired either due to Jam or any
mechanical problem of the vehicle, the seizure of the vehicle
even after production of repairing tax Invoice of garage is
thoroughly impracticable and unwarranted in law.
7. He lastly submits that the petitioner's vehicle is
standing in open sky since the date of its seizure, causing huge
financial loss. That apart, unauthorized seizure of the vehicle
has been held to be National loss by the Hon'ble Supreme Court
as also by this Court in catena of decisions, hence the present
writ petition for release of the vehicle, in question, at the
earliest.
8. On the other hand, Mr. Dikshit, learned Spl. P.P.
(Mines) while drawing the attention of this Court to
transportation Challan, as contained in Annexure-P/4 submits
that from bare perusal of the same it prima facie appears that the
name of the owner and the number of the vehicle is different, as
has been mentioned in the writ petition. He further submits that
the petitioner's vehicle was intercepted by the Mines Inspector
and on demand, the driver of the vehicle failed to produce valid
challan for transportation of yellow sand and thus there is no
infirmity in the seizure. It is also submitted that with regard to
the fact of any mechanical problem or stucking of the vehicle in
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
Jam, it had never been informed to any authority of the Mines.
Moreover, the matter has been referred to the Collector and thus
the petitioner has remedy before the Collector.
9. Learned counsel for the State also reiterates the
submissions made on behalf of the learned Spl. P. P. for mines.
10. This Court has carefully considered the
submissions made on behalf of the parties. The vehicle, in
question, of the petitioner has been allegedly seized during the
illegal transportation of the sand, though the same has been
denied by the petitioner. A hard fact has been placed before this
Court that vehicle is lying unattended under the open sky facing
the vagaries of the weather, as a result of which the condition is
fast deteriorating and in case of its non release, on any
appropriate condition, it may get damaged and become junk.
11. Before relegating the matter to the District
Magistrate, Siwan, this Court feels it apt to record the
observations made by the Hon'ble Supreme Court in the case of
Sunder Bhai Ambalal Vs. State of Gujarat reported in [(2002)
10 SCC 283] which reads as follows:
"17. In our view, whatever be the
situation, it is of no use to keep such seized
vehicles at the police stations for a long period.
It is for the Magistrate to pass appropriate
orders immediately by taking appropriate bond
and guarantee as well as security for return of
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
the said vehicles, if required at any point of
time. This can be done pending hearing of
applications for return of such vehicles."
12. This Court is of the opinion that since the matter is
pending adjudication before the Collector no observation is
required on the merit of this case. However, taking note of the
aforesaid facts that the vehicle is lying in open, uncared for,
expose to vagaries of whether, resulting into fast deterioration of
its condition and turning it to a junk and obsolete, which would
certainly benefit none, rather it would lead to losses, this Court
deems fit and proper to order for provisional release of the
vehicle, bearing Registration No. UP-53BT 4487, subject to
furnishing of supporting papers of ownership and security as
deem fit and proper by the authorized officer and the release
obviously would be subject to final outcome of the confiscation
proceeding.
13. It is further directed that the petitioner will ensure
his appearance in the proceeding pending before the Collector-
cum-District Magistrate, Siwan on the date fixed in the case and
shall fully co-operate in the said proceeding.
14. The Collector- cum-District Magistrate, Siwan
while fixing the bond for release of the vehicle, in question,
shall take into account the consideration the value of the vehicle
Patna High Court CWJC No.10729 of 2023 dt.05-10-2023
as mentioned in the last insurance policy of the vehicle.
15. The petitioner will also give his undertaking that
he will not create any third party right and to produce the
vehicle in the confiscation case as and when required/directed.
16. It is made clear that the provisional release of the
vehicle as directed hereinabove, by the Collector- cum-District
Magistrate, Siwan, shall be effected within a period of two
weeks from the date of receipt/production of a copy of this
order.
17. In view thereof, the present writ application stands
allowed.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.10.2023
Transmission Date NA
