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NIRZAR S. DESAI
Shobhaben Rameshbhai Makavana – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to forthwith release of vehicle bearing registration No.GJ-10-U-8925 seized by the respondent authority.
2. Heard learned advocate Mr. Hirenkumar M. Niyalchandani for the petitioner and learned Assistant Government Pleader Mr. Hardik Mehta for respondent – State.
3. By the consent of learned advocates for the parties, the matter is taken up for final hearing. Hence, Rule. Learned AGP Mr.Hardik Mehta waives service of rule on behalf of respondent State authorities.
4. At the outset, learned advocate Mr. Hirenkumar M. Niyalchandani for the petitioner places on record an affidavit dated 07.10.2022. The same is taken on record.
5. It is the case of the petitioner that she is the owner of the Truck bearing Registration No.GJ-10-U-8925. On 08.03.2022 while transporting the mineral stones from Surendranagar to Rajkot, Airport police have intercepted the vehicle and interrogated the driver and seized the vehicle for transporting the mining which was illegal. Thereafter, seizure memo was also issued to the petitioner. Thereafter, Mining Department issued a show cause notice to the petitio
The main legal point established in the judgment is that the seizure of property under Rule 12(2)(b)(ii) of the Gujarat Mineral rules requires the filing of a complaint, and in the absence of a compl....
Point of Law - The deponent of the affidavit appears to have turned a blind eye on Rule 12 when he contends that application for compounding has been dispensed with by the amended rules inasmuch as; ....
The absence of an FIR within the specified period, as per the Rules of 2017 and established precedent, renders a seizure illegal and warrants the release of the seized property.
The competent authority must follow the specified procedures for seizure and must approach the Court of Sessions with a written complaint within the specified period.
The main legal point established in the judgment is the requirement for timely registration of an FIR and the conditions for release of seized property under Rule 12 of the Rules of 2017.
Seizure of property without filing an FIR within the stipulated time is illegal; complaints under the Gujarat Mineral Rules must be filed in the Sessions Court.
Seizure of property without filing an F.I.R. as required by law is illegal, and complaints regarding such seizures must be filed before the Sessions Court.
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