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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Ramvachan Sahni Son of Late Jhagru Sahni – Appellant
Versus
State of Bihar through the District Collector – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
Heard learned counsel for the parties.
2. The present application has been preferred under section 482 of the Code of Criminal Procedure (in short, the ‘Cr.P.C.’) as to quash the order dated 15.07.2023 passed by learned Additional Sessions Judge-19, East Champaran, Motihari, in connection with Cr. Revision No. 125/2023 arising out of Chakia P.S. Case No. 302 of 2022, whereby and whereunder learned trial court has been pleased to reject the petition, which was filed by the petitioner against the order dated 30.01.2023 passed by learned J.M. - 1st Class, Motihari for release of the vehicle namely, JCB bearing Registration No. BR31G-7913, Chassis No. 001848622, Engine No. H0052587 in favour of the petitioner, as the petitioner was the owner of the aforesaid vehicle.
3. The brief facts of this case is that one Chotan Kumar (the informant) alleged that on 13-07-2022 at 11:30 hrs. in the night while he was coming to his house, he saw that illegal mining of sand on the bank of Gandhak river was going on making air dusty, due to which the informant asked the accused persons, named in the FIR, to excavate the sand properly, but all the accused persons surround
The ownership of a registered vehicle must be respected, and any seizure based on incorrect identification violates rights, necessitating timely judicial review.
Fines must be legally justified, and arbitrary imposition is not permitted, particularly when a vehicle is seized and not in violation of road laws.
The court established that vehicles seized for illegal mining can be released upon verification of confiscation proceedings and payment of penalties, ensuring compliance with mining laws.
Legality of administrative penalty and seizure without due process is affirmed.
A valid challan for mining activities protects the holder from claims of illegal mining, provided they comply with the terms of the challan and the circumstances leading to any delays are justifiable....
The Deputy Commissioner lacks jurisdiction to confiscate vehicles seized under the Mines and Minerals Act without a competent court's order, as per Section 21(4A).
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