WPMS/3113/2023
2023 Latest Caselaw 3349 UK

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                               WPMS No. 3113 of 2023
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Nalin Saun, learned counsel for the petitioner.

2. Mr. Suyash Pant, learned Standing Counsel for the State.

3. The petitioner has contended in the present writ petition that he is the registered owner of the Tractor Trolley bearing Registration No. UK 07 AV 2843. The said Tractor Trolley, on the date of the incident i.e. on 27.09.2023, was seized by the competent authorities, on the ground that the Tractor Trolley was alleged to have been found engaged in carrying the minor minerals illegally, and hence, it was seized.

4. Learned counsel for the petitioner has submitted that application, which had been submitted by him, for the release of the vehicle, has been rejected, but the said order of rejection on the release application runs contrary to the judgments, which has been rendered by the coordinate Bench of this Court, wherein, under an identical set of circumstances where the vehicle was found to be engaged in the illegal mining activities, or is found to be engaged transporting the minor minerals illegally, and in contravention to the parameters which had been laid down by the judgment of the Division Bench dated 05.03.2019, as rendered in Writ Petition (PIL) No.162 of 2018, "Birendra Kumar Pegwal Vs. District Magistrate, Dehradun & others", where the Court has observed, that the seizure of the vehicle for its alleged involvement of carrying illegal mining, it may not conducive to keep the vehicle seized, as it was resulted into its depreciation of its value and gets damaged completely.

5. In that eventuality, the coordinate Bench by the judgment dated 07.01.2020, as rendered in Writ Petition (M/S) No.3658 of 2019, "Bhura Ram Vs. State of Uttarakhand", which was subsequently followed by the other coordinate Benches in the judgment rendered in WPMS No.2015 of 2021, "Sumer Chand Vs. District Magistrate Collectorate Complex Dehradun", as decided on 27.09.2021.

6. It is hereby directed that the Tractor Trolley of the petitioner (referred above), which has been seized for the alleged commission of the illegal transportation of the minerals on 27.09.2023, as would be apparent from the seizure order, Annexure No.2, to the writ petition, the same is directed to be released, subject to the condition that it is not involved in any other case, and the petitioner deposits the penalty amount, if any, and it is further directed that the petitioner would ensure to produce the vehicle, whenever it is required, if the case is being undertaken and proceeded with under the provisions of the Minor Minerals Act.

7. This fact has not been disputed by the learned State Counsel that the issue raised in the present writ petition is covered by the judgment, the reference of which has been given above.

8. In view of the above the writ petition stands disposed of, subject to the aforesaid directions.

(Rakesh Thapliyal, J.) 06.11.2023 SKS