Punjab-Haryana High Court
Amit Kumar vs State Of Haryana on 23 October, 2024
Neutral Citation No:=2024:PHHC:140032
CRM-M-12960-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-12960-2024
Date of decision : October 23, 2024
Amit Kumar ....Petitioner
Versus
State of Haryana ....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms Priya Bhati, Advocate and
Mr. Shailender Singh, Advocate, for the petitioner
Mr. Rajesh Gaur, Addl. AG, Haryana
KULDEEP TIWARI,J. (ORAL)
1. Through the instant petition, challenge is thrown to the order
dated 12.1.2024 passed by the learned Judicial Magistrate Ist Class,
Ambala, in case FIR No. 92 dated 26.12.2023, under Sections 21(1), 21(4)
(A) of the Mines and Minerals (Development and Regulation) Act, 1957
and Section 379 of the IPC registered at Police Station HSENB, District
Ambala, Haryana, whereby the application filed by the petitioner for
release of vehicle on sapurdari was allowed, but with the condition to
deposit an amount of Rs 2 lacs of penalty amount, in the form of fixed
deposit.
2. The instant FIR has been registered on the allegations of
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commission of illegal mining/transporting of Gravel (Gatka), (Minor
Mineral). The relevant extract of the FIR reads as under:-
"Subject: For taking action against owner of Dumper Reg.
No.HR-58B-6008 in regard to illegal mining/ transporting of
Gravel (Gatka) (Minor Mineral) in the area of Shahzadpur
and violation of National Green: Tribunal, New Delhi orders
dated 23.04.2019 and 19.02.2020 for committing theft of
mineral under section 379 of IPC. In reference to letter from
this office serial Mining/Amb SPL-1 dated 07.11.2023. 1. In
this regard you are informed that on 07.11.2023 Mining
Officer Sh. Sonu. inspected in the area of Shahzadpur.
During inspection Dumper Reg. No.HR-58B-6008 was
checked. During checking vehicle was not carrying any e-
ravana/bill. Therefore, finding involved in illegal
mining/illegal transportation of Gravel (Gatka) (Minor
Mineral) by Mining Officer Sh. Sonu of this office, the above
Dumper seized in Suger Mill, Shahzadpur."
3. The petitioner was found to be involved in commission of such
offence. He was extended the relief of anticipatory bail by the learned
Additional Sessions Judge, Ambala vide order dated 11.1.2024.
Thereupon, the petitioner filed an application for releasing of the vehicle in
question i.e. Dumper bearing registration No. HR-58B-6008 on sapurdari
before the learned trial court concerned. The learned trial court concerned,
allowed the application (supra), however, with the condition that the
petitioner shall deposit an amount of Rs 2 lacs, as a penalty amount in the
form of fixed deposit. The onerous condition which has been imposed for
the release of the vehicle on sapurdari has propelled him to file the instant
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petition.
4. Learned counsel for the petitioner in asking for the relief
(supra), has placed reliance upon the judgment passed by the Hon'ble
Supreme Court in 'Ikram vs. State of Rajasthan' SLP 4797-4799/2023 d/d
04.05.2023. He further placed reliance upon Sunderbhai Ambalal Desai
vs State of Gujarat (2002) 10 SCC 283, and submits that for releasing the
vehicle on sapurdari, condition of penalty was set aside.
5. There is no dispute that the trial court is empowered to impose
conditions under Section 451 of the Cr.P.C., however, these conditions
must not be excessively burdensome to the extent of practically negating
the relief sought by an individual. The petitioner who is running a truck
for his livelihood, may not be in a position to pay Rs 2 lacs, as a penalty
amount, therefore, order allowing the releasing of vehicle on sapurdari,
would in fact, practically negating the relief sought by the petitioner. This
Court finds merit in the submissions made by the learned counsel for the
petitioner. Accordingly, the impugned order dated 12.1.2024, is modified,
and the vehicle is ordered to be released on supurdari to the petitioner on
his furnishing a personal bond to the satisfaction of the learned trial
Court/Duty Magistrate concerned, subject to the condition that the
petitioner shall furnish an undertaking to the effect that:-
(i) he will preserve the vehicle in the same condition
during the pendency of the trial;
(ii) he will not sell, transfer, dispose of, alienate or
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mortgage etc. the vehicle, during pendency of the trial;
(iii) he will produce the vehicle before the learned trial
Court concerned, as and when directed to do so and:
(iv) he will ensure that the vehicle is not involved in
any other civil/criminal case
6. In case of violation of any of the hereinabove conditions, as
per the undertaking by the petitioner, liberty is granted to the prosecution
to seek cancellation of the sapurdari bond.
7. Petition is disposed of accordingly.
( KULDEEP TIWARI )
October 23, 2024 JUDGE
'tiwana'
Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No
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