Aliranjan Kumar vs The State Of Bihar
2023 Latest Caselaw 5297 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12684 of 2023
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Aliranjan Kumar son of Late Satish Sharma, resident of Village-Hajipur, Dhangawan, Police Station-Kako and District-Jehanabad, Bihar-804408.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Department of Mines and Geology, Government of Bihar, Patna.

2. The District Magistrate, Jehanabad.

3. The Superintendent of Police, Jehanabad.

4. The Mineral Development Officer, Jehanabad.

5. The Mines Inspector, Jehanabad.

6. Officer-in-Charge of Bhelawar O.P. of Kako Police Station, District-

Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avinash Chandra, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha (GA-7) Mr. Ajeet Kumar, AC to GA-7 For the Mines : Mr. Naresh Dikshit, Advocate Mr. Utsav Anand, Advocate Mr. Brij Bihari Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 12-10-2023

Heard Mr. Avinash Chandra, learned counsel

appearing on behalf of the petitioner and Mr. Naresh Dikshit,

learned spl. P.P. for the Mines.

2. The petitioner claimed to be the owner of J.C.B.

bearing registration No. BR25-GA-4401, Engine No.

H00337153, Chassis No. RAJ3DXS4C03135304K has filed the Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

present writ petition seeking a direction upon the respondent

authorities to release the vehicle, in question, which has been

seized by respondent no. 4 on 21.07.2023 with false allegation

of illegal mining of soil.

3. He further sought a direction upon the respondent

authorities to release the J.C.B. because the vehicle was not

indulge in mining works, whereas it was indulge in levelling up

of agricultural land of a farmer with his permission.

4. The facts of the case leading to the filing of the

present writ petition is that on 21.07.2023 while the petitioner

was engaged in levelling of agricultural field owned by a farmer

namely Satendra Narayan Singh in a nearby village Narayanpur,

Khata No. 177, Plot No. 80 and Thana No. 440, with the help of

his J.C.B. In the meanwhile, the respondent no. 5, the Mines

Inspector, Jehanabad arrived there and seized the J.C.B with an

allegation that the vehicle, in question, is indulged in illegal

mining of soil without a valid mining chalan and handover it to

the custody of Bhelawar O.P. of Kako Police Station vide letter

no. CamP01/Khanan dated 21.07.2023 (Annexure-P-1).

5. Learned counsel for the petitioner while assailing

the impugned seizure has categorically denied the allegation that

the J.C.B in question was indulge in any mining or excavating Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

of the soil, rather the same was being used for levelling up the

agricultural land of farmer and in support of the aforesaid

assertion, he has also brought on record the application filed by

the farmer Satendra Narayan Singh, which is part of the writ

petition and marked as Annexure-P-3. The farmer of the land

has admitted the fact that in his field, the levelling work was

being done on his permission and thus, he produced all the

papers relating to ownership of his land and requested to release

the J.C.B. vehicle. In the aforesaid backdrop, the learned

counsel for the petitioner submits that as the vehicle was not

used for any commercial purpose, there was no need to take any

chalan from the office concerned. The petitioner further

questioned the inspection report which, though, prima facie

suggests that the vehicle in question was found indulge in illegal

mining, but surprisingly the Tractor which is said to be used for

the purpose of transportation of soil, has never been seized nor

even name of the driver of the J.C.B., who has admitted this fact

that the J.C.B, in question, was indulge in the illegal mining and

excavating the soil, has been disclosed, which falsifies the entire

inspection itself.

6. A counter affidavit has been filed on behalf of the

respondent nos. 4 & 5.

Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

7. Mr. Dikshit, learned spl.p.p for the Mines while

refuting the aforesaid contentions, vehemently submitted that

from the inspection's report and the seizure, it is manifestly

appeared that the said J.C.B was cutting the soil and loading on

the Tractor, present at the site and the driver of the J.C.B

admitted this fact that the soil was being excavated for the

commercial purposes and there was traces and marks of

Tractor's movements. At the time of seizure, few photographs

were also taken, which clearly depicts that the said J.C.B. was

excavating the soil and loading on the Tractor as stated in the

inspection's report.

8. He further drew the attention of this Court to

Section 56 of the Bihar Minerals (Concession, Prevention of

Illegal Mining, Transportation & Storage) Rules, 2019, and

submits that if the petitioner is ready to pay the penalty, the

offence which is allegedly have done by the petitioner shall be

compounded. It is also submitted that the penalty has been duly

calculated, which comes to Rs. 4,35,250/- and if the petitioner is

ready to deposit the same, the vehicle shall be released and the

offence shall be compounded.

9. This Court has carefully considered the

submissions made on behalf of the parties. The vehicle, in Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

question, of the petitioner has been allegedly seized during the

illegal excavation of soil, though the same has been denied by

the petitioner. A hard fact has been placed before this Court that

the 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. Furthermore,

the petitioner has also given his bona fide undertaking that he

will fully co-operate in the proceeding.

10. It would be worth noting here that while dealing

with similar matter, the learned co-ordinate Bench of this Court

in the case of Ram Chhavila Kumar Vs. State of Bihar and Ors.

(CWJC No. 1064 of 2023) while directing for provisional

release of the vehicle has rightly taken note of 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 the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."

11. This Court is of the opinion that since the matter is Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

pending adjudication before the statutory authority 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.

BR25-GA-4401, 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.

12. It is further directed that the petitioner will ensure

his appearance in confiscation case pending before the District

Magistrate, Jehanabad on the date fixed in the case and shall

fully co-operate in the said proceeding.

13. The Confiscating Officer while fixing the bond for

release of the vehicle, in question, shall take into consideration

the value of the vehicle as mentioned in the last insurance policy

of the vehicle.

14. The petitioner will also give his undertaking that

he will not create any third party right and to produce the Patna High Court CWJC No.12684 of 2023 dt.12-10-2023

vehicle in the confiscation case as and when required/directed.

15. It is made clear that the provisional release of the

vehicle as directed hereinabove, by the Confiscating Officer

shall be effected within a period of two weeks from the date of

receipt/production of a copy of this order.

16. In view thereof, the present writ application stands

allowed.

17. Interlocutory Application, if any, stands disposed

of.

(Harish Kumar, J) shoaib/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.10.2023.
Transmission Date       NA