Mritunjay Kumar vs The State Of Bihar
2023 Latest Caselaw 4608 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6588 of 2023
     ======================================================

Mritunjay Kumar Son of Mundrika Sharma Resident of Village- Khalkochak, P.S- Makhdumpur, District- Jehanabad.

... ... Petitioner/s Versus

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

2. The Mines Commissioner, Bihar, Patna.

3. The Director, Bihar State Mining Corporation Ltd, Patna.

4. The District Magistrate Cum Collector, Gaya.

5. The Superintendent of Police Gaya.

6. The Mining Development officer, Gaya.

7. The Inspector Mining, Gaya.

8. The Incharge cum SHO Belaganj, Police Station, Gaya.

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

     For the Petitioner/s   :      Mr. Rama Kant Sharma, Sr. Advocate
                                   Mr. Rajesh Kumar, Advocate
     For the Respondent/s   :      Mr. Gyan Prakash Ojha, GA-7
     For the Mines          :      Mr. Ajit Kumar, Spl. P. P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-09-2023 Heard Mr. Rama Kant Sharma, learned senior counsel

duly assisted by Mr. Rajesh Kumar, learned counsel appearing

on behalf of the petitioner and Mr. Ajit Kumar, learned Spl. P.P.

for the mines and the learned counsel for the State are present.

2. The petitioner, who is owner of the truck bearing

Registration No. BR25GA 3207, having its old Registration No.

HR3A 4444, preferred the present writ application seeking

direction upon the respondent authorities to release the

aforenoted truck in his favour, which was seized in connection Patna High Court CWJC No.6588 of 2023 dt.15-09-2023

with Belaganj P.S. Case No. 346 of 2021 dated 08.10.2021

registered under Sections 379 and 411 of the Indian Penal Code

and Section 21 Mines and Minerals (Development and

Regulation Act) 1957 and Rule 56 of Bihar Minerals

(Concession, Prevention of Illegal Mining, Transportation &

Storage) (Amendment) Rules 2021.

3. It is the case of the petitioner that the truck, in

question, was seized by the officials of Mining Department with

the SHO Belaganj Police Station on suspicion that the sand kept

on the flank of road was unloaded by the truck, in question. The

driver and cleaner were allegedly fled away after noticing the

officials of the Mining Department and the petitioner has been

made accused only in the capacity of the owner of the truck.

Learned counsel for the petitioner further submits that he filed a

petition for release of the truck, in question, in the court of

learned Additional Chief Judicial Magistrate - II, Gaya on

23.10.2021 and thereafter, a report was sought for from the

concerned police station and finally the report was submitted by

the police on 09.12.2021 awaiting the response from the

department. In the meantime, the petitioner deposited the

required fee/fine in term of amended provision of Rule 56 (2) of

Bihar Minerals (Concession, Prevention of Illegal Mining,

Transportation & Storage) (Amendment) Rules 2021, despite Patna High Court CWJC No.6588 of 2023 dt.15-09-2023

the fact the truck in question has not been released.

4. In support of the aforesaid averment, the petitioner

has brought Letter No. 3297 dated 24.12.2021 showing the

payment of the fine/penalty. Learned senior counsel for the

petitioner next submitted that in stead of any order for release of

the truck, the respondent authorities has initiated a confiscation

proceeding vide Confiscation Case No. 18 of 2022 on

09.03.2022 on the recommendation of Senior Superintendent of

Police for confiscation of truck bearing Registration No.

BR25GA 3207. In the aforesaid situation, the petitioner having

found no way out, approached before this Court.

5. Per contra learned Spl. P.P. for mines submitted that

the story as stated by the petitioner is contrary to the allegation

levelled in the FIR as the petitioner was apprehended while

unloading the sand and, moreover, the fine has been deposited

belatedly contrary to the Rule 56(4) of the Bihar Minerals

(Concession, Prevention of Illegal Mining, Transportation &

Storage) Rules 2019. He vehemently submitted that in case of

seizure of the property or vehicle, the offender is under statutory

obligation to ensure the payment of fine within a period of one

month, however, in the present case, the fine has been deposited

beyond the statutory period and, as such, the authorities have

initiated the confiscation proceeding. He lastly submits that as Patna High Court CWJC No.6588 of 2023 dt.15-09-2023

the proceeding has already initiated the District Magistrate,

Gaya is the competent authority to consider the grievance of the

petitioner for release of the vehicle and for passing appropriate

order in this matter.

6. Learned counsel for the State also reiterates the

submissions made on behalf of the learned Spl. P. P. for mines.

7. 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 unloading 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. Furthermore,

the petitioner has also shown his bona fide and deposited the

fine though, belatedly beyond the statutory period.

8. It would be worth mentioning 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) 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 Patna High Court CWJC No.6588 of 2023 dt.15-09-2023

[(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."

9. This Court is of the opinion that since the matter is

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.

BR25GA-3207, 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.

10. It is further directed that the petitioner will ensure

his appearance in confiscation case pending before the Collector

- cum - District Magistrate, Gaya on the date fixed in the case

and shall fully co-operate in the said proceeding.

11. The Confiscating Officer while fixing the bond for Patna High Court CWJC No.6588 of 2023 dt.15-09-2023

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

consideration the value of the vehicle as mentioned in the last

insurance policy of the vehicle.

12. 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.

13. 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.

14. In view thereof, the present writ application stands

allowed.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.09.2023.
Transmission Date       NA