WPMB/213/2025
2025 Latest Caselaw 2977 UK

Uttarakhand High Court

WPMB/213/2025 on 16 June, 2025

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                     COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                   Signatures

                                      WPMB No.213 of 2025
                                      Hon'ble G. Narendar, C.J.

Hon'ble Alok Mahra, J.

Heard Mr. Tejas Agarrwal, learned counsel for the petitioner and Mr. C.S. Rawat, learned C.S.C. along with Mr. Yogesh Tiwari, learned Standing Counsel for the State.

2. Prima facie, it appears to be a case of mistaken identity. The registration number recorded in the pages nos.103, 104 and 105 are different registration numbers. In page 103 and 104, the vehicle number is recorded as UK15C7488 and, in page 105, it is recorded as UK15CA7488. The name of the drivers, are also different in all the three vehicles challans.

3. Be that as it may, the said fact is disputed by the learned C.S.C. and would submit that, as per instructions, the vehicle has been seized on three occasions and, in terms of Government Order, vehicle, which is found indulging in illegal transportation, is liable for confiscation. Sub-section 4 of Section 21 of the MMDR Act would mandate filing of complaint before the Special Court and, in that view, the order of confiscation can be subject to the judgment and orders of the Court and it would not be open for the department officials to pass an order of confiscation.

4. On a query, it is submitted that no proceedings have been initiated by the department either and in the absence of any adjudication, confiscation of the vehicle, prima facie, does not appear to be vested in the respondents.

5. In that view of the matter, the vehicle, bearing registration number UK15C7488, shall be released to the custody of the petitioner, subject to petitioner furnishing Rupees Two Lakhs by way of FDR. The amount shall be deposited in any nationalised bank and the fixed deposit receipt shall be deposited with the DMO, Pauri (third respondent).

6. List this case on 25.08.2025.

(Alok Mahra, J.) (G. Narendar, C.J.) 16.06.2025 16.06.2025 BS