The court clarified the process for seizure, confiscation, and interim custody of vehicles involved in illicit mining activities under the Mines and Minerals (Development and Regulation) Act, 1957.

JUDGMENT

(Prayer: Criminal Revision Petition filed under Sections 397 and 401 of Code of Criminal Procedure, 1973, to call for the records in connection with the order dated 13.02.2020 made in Cr. M.P. No. 433 of 2020 on the file of District and Sessions Court, Nagapattinam and set-aside the same and direct the Respondent to hand over the custody of the vehicle Ashok Leyland Lorry bearing Registration No. TN 28 AY 4403 to the Petitioner.)

1. This Criminal Revision Petition has been filed against the dismissal of the petition filed by the Petitioner in Cr. M.P. No. 433 of 2020 dated 13.02.2020 on the file of the learned District and Sessions Judge, Nagapattinam.

2. The case of the prosecution is that on 23.01.2020 at about 9.00 a.m., the Respondent Police has received information regarding illegal sand mining, and while checking near Muttam Bridge, the Ashok Leyland Lorry bearing Registration No. TN 28 AY 4403, it was found that there was 2 unit river sand. Since the driver does not possess any licence or permission for carrying such river sand, the Respondent Police has arrested the accused person and also seized the aforesaid river sand and vehicle and brought to the Police Station and registered a case in Cr. No. 22/2020 under Sections 379 and 430 of I.P.C. and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957.

3. The Petitioner herein has filed a petition under Sections 451 and 457 of Cr.P.C., in Cr. M.P. No. 433 of 2020 on the file of the District and Sessions Judge, Nagapattinam seeking interim custody of the Ashok Leyland Lorry bearing Registration No. TN 28 AY 4403. The learned District and Sessions Judge, Nagapattinam has dismissed the said petition by the order dated 13.02.2020. Challenging the said order, 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 lorry and he is a native of Mailaduthurai, Nagapattinam District. He further submitted that the Petitioner did not know about what had happened on the particular date. He further submitted that even assuming that river sand was transported in the lorry of the Petitioner, for that the Petitioner cannot be held liable and the vehicle of the Petitioner also cannot be seized. He further submitted that the Petitioner is not connected with the aforesaid crime. He further submitted that if the vehicle is exposed to sun and rain resulting in the deterioration of its condition and therefore, he prayed to set aside the order passed by the learned District and Sessions Judge, Nagapattinam and grant interim custody of the said vehicle to the Petitioner.

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 (Criminal 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 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 submitted that the same view has been reiterated in Review Application No.80 of 2019 in W.P. (MD) No.19936 of 2017 dated 09.09.2019. He further submitted that in view of the