Patna High Court
Lalan Kumar vs The State Of Bihar on 20 February, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63017 of 2024
Arising Out of PS. Case No.-136 Year-2024 Thana- HULASGANJ District- Jehanabad
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Lalan Kumar Son of Shree Ram Singh Resident of Village - Kandaul, Police
Station - Hulasganj, District - Jehanabad
... ... Petitioner
Versus
1. The State of Bihar
2. Mithilesh Kumar Son of Rajbalav Prasad Sah Resident of Village - Human
Nagar, Police Station - Saur Bazar, District - Saharsa at present The District
Mines Officer, Jehanabad
3. D.T.O. Jehanabad
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
Mr.Jay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 20-02-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present quashing petition has been filed on
behalf of the petitioner for quashing the order dated
25.07.2024
passed by learned I/C Chief Judicial Magistrate,
Jehanabad in connection with Hulasganj P.S. Case Nno. 136 of
2024 registered for the offences under sections 379 and 411 of
the I.P.C. and section 11, 43, 56, 4, 21 of Bihar Minerals
(Concession, Prevention of Illegal Mining, Transportations &
Storage) Rules, 2019 (hereinafter referred to as the "Rules of
2019").
Patna High Court CR. MISC. No.63017 of 2024 dt.20-02-2025
3. The brief facts of the case is that one Mithilesh
Kumar, Mines Inspector, District Mines Office, Jehanabad
submitted a written complaint before S.H.O. Hulasganj Police
Station, Jehanabad alleging therein that he received a
telephonic message from S.H.O. Hulasganj, in which one Sub-
Inspector had intercepted a Tractor with sand, registration
number was not mentioned on the vehicle, and while seeing the
police personnel the driver fled away leaving the tractor.
Consequently, the said tractor was brought to the police station.
It is further alleged that on such information, the informant
visited the police station and conducted an inspection of the
vehicle, wherein he found that registration number was not
mentioned in the vehicle, however, the informant disclosed the
Chassis No. 006505439C1, SL. No. RBDL 00196 KA, Mahindra
Model 265 DI and found that said tractor was loaded with sand.
Thereafter, the informant imposed a sum of Rs. 35,650/- as
fine. The informant further requested the police personnel to
instituted a criminal case under the provisions of Indian Penal
Code as well as Bihar Minerals (Concession, Prevention of Illegal
Mining, Transportations & Storage) Rules, 2019.
4. On the basis of aforesaid written complaint, a formal
Patna High Court CR. MISC. No.63017 of 2024 dt.20-02-2025
F.I.R. bearing Hulasganj P.S. Case No. 136/2024 dated
25.05.2024 was registered for the offence under the aforesaid
provisions of the I.P.C. as well as Rules of 2019.
5. Learned counsel appearing on behalf of the
petitioner submitted that petitioner falsely implicated in this
case. It is submitted that petitioner is the owner of the said
tractor, which was used for the agricultural purpose.
6. It is submitted that petitioner was deposited a sum
of Rs. 35,650/- as fine, which petitioner has deposited in the
District Mining Office, Jehanabad, thereafter District Mining
Officer vide letter no. 572 dated 03.07.2024 addressed the
learned Chief Judicial Magistrate, Jehanabad, in which the
concerned officer has apprised the court that aforesaid fine has
been deposited by the petitioner with undertaking that he has no
objection, if the tractor is released. It is submitted that
petitioner submitted a petition before the CJM, Jehanabad for
release of the vehicle, but the learned trial court directed the
petitioner to deposit Rs. 63,000/- as fine/tax before the District
Transport Officer, Jehanabad and due to non-deposit of the
aforesaid amount, the application of the petitioner for release of
the tractor has been rejected vide impugned order dated
Patna High Court CR. MISC. No.63017 of 2024 dt.20-02-2025
25.07.2024.
7. Learned counsel further submitted that so far as
payment under the Motor Vehicle Act is concerned, the same is
not permissible to be raised in the present case, because the
tractor was intercepted by the Mines Department and a fine of
Rs. 35,650/- was imposed, which was deposited by the
petitioner, but the amount of Rs. 63,000/- was raised as a fine
for the different offences under Motor Vehicle Act, admittedly,
when vehicle was with police. It is submitted that in such
circumstances, fine of Rs. 63,000/- was imposed illegally.
8. In this context, learned counsel relied upon the legal
report of Hon'ble Supreme Court as available through
Sunderbhai Ambalal Desai vs. State of Gujarat as
reported in (2002)10 SCC 283.
9. Learned A.P.P. for the State, while opposing the
quashing petition, submitted that from the report, which was
submitted by police, it has been stated that petitioner is the
owner of the Tractor bearing Reg. No. BR25A-7529 and the
same has been kept in the premises of Hulasganj Police Station.
It is submitted that petitioner has not produced any relevant
paper regarding summoning amount of Rs. 63,000/- payable
Patna High Court CR. MISC. No.63017 of 2024 dt.20-02-2025
under the provisions of Motor Vehicles Act, 1988.
10. A counter affidavit has been filed on behalf of
opposite party no. 3/District Transport Officer, Jehanabad,
wherein it has been stated that the seized vehicle was utilizing
for the purpose of transporting sand and deposit of fine of Rs.
35650/- pertains to a penalty under the Bihar Minerals Rules. It
is submitted that fine of Rs. 63,000/- was imposed as a
statutory obligation not as an arbitrary act as the petitioner has
not submitted the required documents.
11. It is apparent that Tractor in issue was seized by
Hulasganj Police where the informant was one Mithilesh Kumar,
Mines Inspector, District Mines Office, Jehanabad. The vehicle in
issue was seized and was kept in police station premises and
thereafter it was informed to District Transport Officer to check
the required documents. This is not a case when vehicle was
plying on the road and was seized by traffic police or DTO in
violation of the provisions of Motor Vehicle Act. When the
vehicle in issue was in custody with police and was found kept
admittedly in the premises of police station, the action of
Transport Officer appears unwarranted. Therefore, the fine of
Rs. 63,000/- imposed by the D.T.O. Jehanabad appears illegal
Patna High Court CR. MISC. No.63017 of 2024 dt.20-02-2025
and same stands quashed/set-aside.
12. Accordingly, the impugned order dated
25.07.2024 passed by learned Chief Judicial Magistrate,
Jehanabad in connection with Hulasganj P.S. Case No. 136 of
2024 qua petitioner is hereby quashed/aside.
13. Learned trial court/concerned court is directed to
release the vehicle in issue of the petitioner forthwith, if not
required in any other case, against such sureties and with
condition as it deems find fit and proper to its satisfaction.
14. This application stands allowed.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.02.2025
Transmission Date 21.02.2025
