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2021 Supreme(P&H) 413

GURVINDER SINGH GILL
K. C. Stone Crushing Co – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Sameer Sachdeva, Advocate, Anshul Mangla, Advocate, Ankur Mittal, Advocate

JUDGMENT

Gurvinder Singh Gill, J. - Both the above-mentioned petitions are being taken up together, being identical on facts, wherein common questions of law are being raised.

2. For the sake of brevity, facts of only one of these cases are being noticed i.e. of M/s. KC Stone Crushing Company's case, which may be stated chronologically as follows:

    1.3.2020:

    A truck bearing registration no. HR-55-R-8854 was intercepted by Mining Officer in the area of Gurugram, while the same was carrying "Rori"(tiny pieces of stones or gravel). Since the driver could not produce any document justifying possession and transportation of the aforesaid mineral, the truck in question was seized by the Mining Officer, vide order dated 1.3.2020(Annexure P-6) in terms of provisions of Rule 104 of The Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules 2012 (hereinafter called as the Mining Rules 2012). The petitioner was asked to pay an amount equal to 50% of the showroom value of the truck in questi

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