The main legal point established is the requirement for a private complaint and court application for confiscation of vehicles seized under the Mines and Minerals (Development and Regulation) Act, 1957, and the imposition of stringent conditions for interim custody.

JUDGMENT

(Prayer: Criminal Revision Case is filed under Section 397 and 401 of the Code of Criminal Procedure to call for the records and set aside the order passed in Crl.MP.No.305 of 2020 on the file of the District and Sessions Judge, Nagapattinam dated 29.01.2020 in Cr.No.147 of 2019 on the file of the respondent police and to return the tipper lorry bearing Regn.No.TN 48 AC 6559 (Chassis No.MEC 2411BKEP012452 and Engine No.400950D0012698) to the custody of the petitioner.)

1. This Criminal Revision Case has been filed against the dismissal of the petition filed by the petitioner in Crl.MP.No.305 of 2020 on the file of the District and Sessions Judge, Nagapattinam dated 29.01.2020.

2. The respondent herein has seized a Tipper Lorry bearing Regn.No.TN 48 AC 6599 (Bharat Benz Tipper Lorry-Chassis No.MEC 2411BKEP012452 and Engine No.400950D0012698) as river sand has been illegally transported through the said vehicle and also registered an FIR on 26.09.2019 in Cr.No.147 of 2019 under Sections 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

3. The petitioner herein has filed a petition under Sections 457 and 451 of Cr.P.C., before the District and Sessions Court, Nagapattinam {Special Court constituted under Mines and Minerals (Development and Regulation) Act, 1957} seeking interim custody. The learned District and Sessions Judge, Nagapattinam, has taken the said petition on file as Crl.MP.No.305 of 2020 and dismissed the same by the order dated 29.01.2020. Aggrieved by the same, the petitioner has filed the present criminal revision case.

4. The learned counsel for the petitioner has submitted that the petitioner is the owner of the aforesaid vehicle and he entrusted the said vehicle with his driver but he does not know that the said vehicle was used for illegal transportation of sand. He further submitted that the aforesaid occurrence took place without the knowledge of the petitioner. He further submitted that the respondent has seized the said vehicle on 26.09.2019 and hence, the petitioner has filed a petition before the District and Sessions Judge, Nagapattinam in Crl.MP.No.305 of 2020 seeking interim custody, but the learned District and Sessions Judge has dismissed the said petition stating that the said vehicle has to be confiscated. He further submitted that neither the respondent police nor the revenue officials have initiated any steps for confiscating the said vehicle. Under the said circumstances, the learned District and Sessions Judge ought not to have dismissed the petition. He further submitted that if the vehicle is kept in idle and exposed to sun and rain, it would get deteriorated and therefore, he prayed to set aside the order passed by the learned District and Sessions Judge, Nagapattinam and direct to release the said vehicle for interim custody.

5. The learned counsel for the petitioner in support of his contention, relied upon the following decisions:

(1) Sunderbhai Ambalal Desai vs State Of Gujarat MANU/SC/1110/2002 AIR 2003 638

(2) N.Ramamirtham Vs. State rep. By Inspector of Police, Koradachery Police Station, Tiruvarur District, Crl.RC.No.737 of 2019 dated 13.08.2019

(3) V. Gopi Vs. The District Collector, Vellore District (WP.No.11252 of 2019 dated 24.04.2019)

6. Per contra, Mr.T.Shanmuga Rajeswaran, learned Government Advocate (Crl.Side) has submitted that the Division Bench of this court in Muthu Vs. The District Collector, Pudukottai District, and others (W.P.(MD) Nos.19936 of 2017, 7595 and 21485 of 2018 dated 29.10.2018) has held that as per Section 21 (4) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act') deals with the power to seize any vehicle, equipment or tool involved in illicit mining by an officer or an authority specially empowered. As per Section 21(4-A), such a vehicle, equipment, tool or mineral shall be liable to be confiscated by the order of the Court, competent to take cognizance. He further submi