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BIREN VAISHNAV
Sureshbhai Ukabhai Gohil – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. RULE. Ms. Dharitri Pancholi, the learned AGP waives service of notice of rule for the respondents.
2. This writ-application is filed under Article 226 of the Constitution of India by the writ-applicant seeking for the following reliefs which are produced thus :-
(B) This Hon'ble Court may be pleased to issue appropriate writ, order or direction for releasing the truck bearing GJ-12-AY-2498 of the ownership of the petitioner which is seized by the respondents and at present the case is pending with the respondent, on such terms and conditions as this Hon'ble Court may deem think fit.
(C) Pending admission and final disposal of this petition, your lordships may be pleased to release the truck bearing GJ-12-AY-2498 on appropriate terms and conditions that may be deem fit and proper to this Hon’ble court.
(D) Grant such other and further relief as thought fit in the interest of justice.”
3. Heard Mr. Jay N. Shah, the learned advocate appearing for the writ-applicant and Ms. Dharitri Pancholi, the learned AGP appearing for the respondents.
4. Mr. Jay N. Shah, the learned advocate appearing for the writ-applican
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.
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 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....
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.
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; ....
respondent authorities have failed to justify the reason for seizure of the truck in question. When the respondent authorities have failed to follow the procedure prescribed under the Rules of 2017, ....
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