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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR
Abhishek Kailashchandra Jain, Thro. Poa Wagad Infra Project Pvt. Ltd. – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat.
[2.0] By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner has prayed for the following reliefs:
“(B)THIS HON’BLE COURT WOULD BE PLEASED TO quashed and set aside the order passed by the 4th Additional Sessions Judge, Patan in Criminal Misc. Application No.368 of 2025 dated 19.06.2024 and thereby, release the vehicles and equipments of the petitioner, in the interest of justice;
(C) THIS HON’BLE COURT WOULD BE PLEASED TO grant interim custody of the following vehicles and equipments on such conditions as it may deem fit to this Hon’ble Court.
(1) Transit Mixer of Eicher Company bearing Registration No.GJ-18-BV-2667; (2) Transit Mixer of Eicher Company bearing Registration No.GJ-18-BV-4187; (3) Transit Mixer of Eicher Company bearing Registration No.GJ-18-BV- 2795; (4) Curb Cutting Machine; (5) Bolero Camper of Mahindra Company bearing Registration No.GJ-18-BV- 1428; (6) Ready Mix Concrete Plant of Wagadh Infra
The court upheld the authority's seizure of vehicles under mining regulations due to non-compliance by the petitioner and ongoing confiscation proceedings.
Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
Confiscation proceedings under state rules cannot prevail over the central MMDR Act; vehicles involved in offenses should be released promptly unless necessary for evidence.
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.
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