ORDER

Heard learned counsel for the petitioner, learned GA- 7 for the State and learned AC to Spl.P.P. for the Department of Mines.

2. Petitioner in the present writ application has questioned the seizure of his 14 wheeler truck bearing Reg. No. BR-27G9201 by the Mines Inspector, office of District Mining Officer, Nawada on 22.09.2022. The solitary allegation against the petitioner is that when the truck was intercepted and checked by the Mining Officer, he took a view that the vehicle was overloaded by 100 CFT of sand. Instead of permitted quantity of 700 CFT, allegedly the truck was loaded with 800 CFT.

3. Learned counsel for the petitioner has basically raised his grievance with respect to the manner in which the vehicle in question has been seized. It is his submission that no doubt a Mining Inspector is authorized to stop and check any career, transport or vessel in terms of Rule 59 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 (hereinafter referred to as the ‘Rules of 2019’), the power being drastic in nature must be exercised with due circumspection and care and it should be exercised only in the manner provided by the Ru