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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Manoj Ray @ Manoj Kumar Ray, S/o Kamata Ray – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
The petitioner has filed the present writ petition seeking following reliefs :
“(i) To issue an appropriate writ in the nature of mandamus or any other writ(s), order(s), direction(s) for issuance of direction to the respondent authorities to release the Vehicle i.e. a Diesel TATA Truck (Goods Carrier) bearing registration number as UP51AT0925 and the Chassis No.- MAT466388F5J12443 in favour of petitioner, which is seized by Respondent no.-4.
(ii) To issue an appropriate writ in the nature of mandamus or any other writ(s), order(s), direction(s) to the concerned respondent to cancel/quash the proceedings in Jagdishpur P.S. Case No.-127/2024 dated 20.11.2024 lodged under Sections 303 (2) of The Bharatiya Nyaya Sanhita, Section 27 of MMDR Act and Section 56(2) of The Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, initiated against the petitioner seizing the vehicle bearing registration number as UP51AT0925 and the Chassis No.- MAT466388F5J12443 as per Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Amendment Rules, 2021.
(iii) To issue an appropriate writ in the nature of mandam
Discretion in enforcement procedures allows alternative methods of measurement under exigent circumstances, affirming the legality of seizure and penalty despite procedural lapses.
The detention of seized vehicles must adhere to procedural due process; prolonged retention without recourse violates rights to property and livelihood, justifying release.
Vehicles seized in criminal investigations may be released if the owners are not implicated in the crime, provided they execute a bond ensuring proper care and appearance when required.
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