Punjab-Haryana High Court
Gaurav Stone And Crusher vs State Of Haryana on 2 November, 2023
Neutral Citation No:=2023:PHHC:140164
2023: PHHC:140164
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM-M-53568-2023
Date of Decision: 02.11.2023
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Gaurav Stone and Crusher
. . . . Petitioner
Vs.
State of Haryana
. . . . Respondent
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CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA
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Present: - Mr. DPS Joura, Advocate, for the petitioner.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 CrPC is to
quash order dated 01.08.2023 passed by ld. JMIC, Hisar (Annexure P1)
imposing certain conditions for releasing the vehicle of petitioner on
superdari; and the order dated 10.10.2023 passed by ld. Additional
Sessions Judge, Hisar (Annexure P2), dismissing the revision against the
order dated 01.08.2023 (Annexure P1).
2. As it emerges on perusal of the paper-book, vehicle bearing
registration No.HR-61-D-7689 of the petitioner was impounded during
the investigation of case FIR No.246 dated 10.04.2023 under Section 379
IPC and Section 21 of the Mines and Minerals Act (Development and
Regulation) Act, 1957, registered at Police Station HTM, Hisar, District
Hisar. Petitioner applied for releasing the said vehicle on superdari. Ld.
JMIC, Hisar vide order dated 01.08.2023 (Annexure P1) allowed the
application, but imposed following conditions: -
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"i. That he will furnish superdarinama in the sum of Rs.20,000,00/- with
one surety in the like amount to the satisfaction of the Court;
ii. That he shall not again use the said vehicle in violation of the
provisions of MMDR Act and Mining Rules 2012;
iii. That in case he is again found using his said vehicle in violation of
aforesaid statutory provisions, then the entire superdarinama amount
will be forfeited and recovered from the applicant as well as surety;
iv. That he shall deposit 60% of the penalty amount as assessed by
the Mining Officer, Hisar in the Court;
v. That he shall produce his vehicle before the Court as and when
directed;
vi. That he will remove excess mineral from his vehicle at his own
expenses before its release;
vii. That he shall comply with remaining terms and conditions of
superdarinama."
3. Petitioner challenge the aforesaid order before the Court of
Sessions, but the revision was dismissed vide order dated 10.10.2023
(Annexure P2) by ld. Additional Sessions Judge, Hisar.
4. It is contended by ld. counsel that though petitioner is
prepared to comply all the conditions, but the condition of depositing the
60% of the penalty amount as assessed by the Mining Officer, Hisar is
quite onerous and that this condition should be withdrawn. Ld. counsel
contends further that trial is yet to take place and it will be established
during trial as to whether petitioner is liable to pay the penalty or not and
as to whether he was involved in the crime or not.
5. Notice of motion.
6. Mr. Randhir Singh, Addl. A.G., Haryana, accepts notice on
behalf of the respondent/State.
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7. Ld. State counsel has drawn attention towards order dated
10.10.2023 passed by ld. ASJ, Hisar so as to contend that the court has
referred to a judgment of this Court in case titled as M/s K.C. Stone
Crushing Co. and others Vs. State of Haryana and others, CRM-M-
23190-2020, decided on 04.02.2021, wherein this Court had discussed in
detail the various provisions of Mining Act and the law with regard to
seizure and release of vehicle on superdari etc. After elaborate discussion,
following directions were issued by this Court: -
"45. The following directions are thus issued to the respondents:
(i) xxxxx
(ii) xxxxx
(iii) Upon the respondent authorities either choosing to lodge a
FIR/complaint or choosing to move an application under rule 101 (10) of
Mining Rules 2012 for confiscation of vehicle, it shall be open to the
Court concerned to entertain an application for release of the vehicle on
'superdari' during the pendency of such proceedings if there is
likelihood of delay in conclusion of such proceedings. The Court dealing
with such application shall decide the same independently while
considering all such pleas as may be raised by the parties. The Court
concerned shall, however, endeavour to dispose of such applications at
the earliest.
(iv) While considering release of vehicle on "superdari", the Court
may choose to impose any such strict conditions as deemed fit. The
Court concerned may even direct the applicant to deposit in Court an
amount equal to the penalty imposed by the authorities concerned or
part thereof, in addition to any other condition."
8. It is evident from the aforesaid directions issued by this Court
in the case of M/s K.C. Stone Crushing Co. and others (Supra) that while
considering release of vehicle on superdari, the Court may choose to
impose any such conditions as deemed fit and may even direct the
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applicant to deposit an amount equal to the penalty imposed by the
authorities concerned or part thereof, in addition to any other condition.
9. In the aforesaid circumstances, the condition of deposit of
60% of the assessed penalty amount cannot be held to be onerous.
10. Consequently, this Court finds no merit in the present
petition and as such, the same is hereby dismissed.
(DEEPAK GUPTA)
02.11.2023 JUDGE
Vivek
1. Whether speaking/reasoned? Yes
2. Whether reportable? No
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