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2022 Supreme(Ker) 897

N. NAGARESH
Rahul P. U. S/o Unnikrishnan P. V. – Appellant
Versus
Geologist Department of Mining and Geology, Palakkad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Babu S. Nair.
For the Respondent: Deepa Narayanan.

Judgement Key Points

Based on the provided legal document, the key legal principles are as follows:

  1. Seizure and Confiscation Authority: The law clearly states that any mineral, tool, equipment, vehicle, or other items seized under the relevant provisions are liable to be confiscated by an order of the court that has the authority to take cognisance of the offence. The seizure only requires the use of a vehicle to transport minerals without lawful authority, as per the law (!) (!) .

  2. Role of the Court: The court competent to take cognisance of the offence is empowered to confiscate the seized items. This authority is independent of whether a prosecution has been initiated. Confiscation is a separate proceeding from the trial of the offence and does not depend on the actual commencement of a prosecution (!) (!) .

  3. Constitution of Special Courts: The law provides that the State may establish Special Courts for speedy trials, but their constitution is not mandatory. In the absence of such courts, the general provisions of the Criminal Procedure Code (Cr.P.C.) apply. The absence of a specially constituted court does not invalidate seizure or confiscation proceedings, which can be initiated and conducted under the jurisdiction of courts competent to take cognisance of the offence, typically Magistrate courts (!) (!) .

  4. Power of Police and Authorities: Police officers and other authorized officials have the general power to seize vehicles and other items under the Cr.P.C. when there are suspicions of offences, and these powers are not expressly excluded by the special law. Seizures made under suspicion are reportable to the Magistrate or the authorized court, and seizure alone does not require prior prosecution (!) (!) .

  5. Procedure for Seizure and Custody: Seized vehicles or items can be kept in interim custody, and courts can pass orders for their disposal or return, even in the absence of a formal prosecution. The law emphasizes that seizure is valid when there is a violation of lawful authority, such as transporting minerals without permits or passes (!) (!) .

  6. Confiscation and Prosecution Independence: Confiscation proceedings are distinct from criminal prosecutions. Even if no prosecution is initiated, confiscation can still be ordered by the competent court based on seizure and violation of law (!) (!) .

  7. Non-mandatory Nature of Special Court Constitution: The absence of a constitution of Special Courts does not prevent the initiation of proceedings under the MMDR Act. The law permits authorities to proceed through the general judicial system, and confiscation remains permissible without a prior prosecution or the establishment of specialized courts (!) (!) .

  8. Finality of Proceedings: The law mandates that seized vehicles be surrendered unless the owner approaches the appropriate court for interim custody or to contest the confiscation. The proceedings for seizure and confiscation are lawful when based on violations of the law, and the courts have the authority to dispose of or return seized items accordingly (!) .

In summary, the law recognizes the authority of courts to confiscate seized items independently of whether a prosecution is initiated and clarifies that the non-constitution of Special Courts does not invalidate seizure or confiscation proceedings under the MMDR Act. Police and authorized officials have broad powers to seize items suspected of law violations, and these actions are valid as long as they are in accordance with the law and reported to the competent court or authority.


JUDGMENT :

N. NAGARESH, J.

1. The question posed for consideration in these writ petitions is whether any mineral, tool, equipment, vehicle or any other thing can be seized under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and whether seized articles are liable to be confiscated under Section 21(4A), when no Special Court is constituted as contemplated under Section 30B of the Act, 1957. The petitioners would urge that seizure cannot be effected when no Special Court is notified under Section 30B.

2. In all the writ petitions in this batch of writ petitions, vehicles owned by the petitioners were seized by Police Officers/Revenue Officials alleging contravention of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as ‘the MMDR Act’ for short) and the Rules made thereunder.

3. The petitioners state that confiscation of any property including vehicles seized, can be only by an order of the Court competent to take cognisance of the offence under the MMDR Act. Section 30B of the MMDR Act mandated the State Government to constitute Special Court/s for speedy disposal of cases. The State Government has

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