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2020 Supreme(P&H) 1352

G.S.SANDHAWALIA
Irfan – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
G.C. Shahpuri, Advocate, Anant Kataria, Advocate

JUDGMENT

G.S.Sandhawalia, J. - The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 13.03.2020 (Annexure P-6) passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhari. Vide the said order, the revision petition filed by respondent no. 2, the Mining Officer has been allowed and the order dated 04.03.2020 (Annexure P-4) whereby, vehicle bearing No. HR46 D 5925 which had been ordered to be released in favour of the petitioner being registered owner on superdari to the tune of Rs.20,00,000/- and one surety in the like amount was set aside.

2. The reasoning which prevailed with the Revisional Court was that under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (in short 'the Act'), no proceedings were pending under the Act and neither any complaint had been filed nor any FIR had been registered. Reliance was placed upon Rule 104 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 (in short 'the 2012 Rules) to hold that the mineral was liable to be seized alongwith the impounding of the vehicle used for such unauthorized operation and could be r

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