The central legal point established in the judgment is the power to seize and confiscate vehicles involved in illicit mining under the Mines and Minerals (Development & Regulation) Act, 1957, and the procedure for filing private complaints and initiating confiscation proceedings.

JUDGMENT

(Prayer: Criminal Revision Petition filed under Sections 397 and 401 of Code of Criminal Procedure, 1973, to call for the records relating to the order dated 27.02.2020 passed by the learned District and Sessions Judge, Nagapattinam in Cr.M.P.No.729/2020 and set aside the same.)

1. This Criminal Revision Petition has been filed against the dismissal of the petition filed by the Petitioner in Cr. M.P. No. 729 of 2020 dated 27.02.2020 on the file of the learned District and Sessions Judge, Nagapattinam.

2. The case of the prosecution is that on 17.02.2020 at about 10.30 a.m., one Mr. T.Manohar, Village Administrative Officer, 26 Chettipulam, near Ellaikarai Road, found that one Udayakumar has illegally transported sand through SWARAJ 735 FE Tractor without Registration Number. Hence, he seized the said vehicle and handed over to the Respondent Police on 17.02.2020 itself and also lodged a complaint, the Respondent Police was requested to register the case. In view of the same, the Respondent Police has registered a case in Crime No. 16/2020 under Section 379 of I.P.C and Section 21(1) of the Mines and Minerals (Development & 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. 729 of 2020 on the file of the District and Sessions Judge, Nagapattinam seeking interim custody of the Tractor without Registration Number. The learned District and Sessions Judge, Nagapattinam has dismissed the said petition by the order dated 27.02.2020. 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 Tractor and he is a native of Vedaranyam Taluk, 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. The learned counsel for the petitioner has filed R.C. book through E-Mail in which Reg.No. for the said Tractor has been mentioned as TN-51-AL-1266.

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. R.C. No. 737 of 2019 dated 13.08.2019)

3) V. Gopi -vs- The District Collector, Vellore District (W.P. No. 11252 of 2019 dated 24.04.2019)

6. Per contra, Mr. T. Shanmugarajeswaran, 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 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 aforesaid decisions of the Division Bench of this Court, the vehicle involved in this case is liable to be confiscated. He furt