Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Ishwar Chand – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Section 482 Cr.P.C., petitioner has prayed to set aside the order dated 21.12.2023 (Annexure P3), whereby application filed under Section 451 CrPC for release of his vehicle, moved by the petitioner, was rejected by the Id. Judicial Magistrate, Naraingarh, District Ambala, subject to payment of fine in case FIR No.431 dated 19.08.2023 under Sections 21(1) and 21(4)(A) of Mines and Minerals (Development and Regulation) 1957 [for short 'the Act'] and Section 379 of IPC, at Police Station Naraingarh, Ambala.
2. Ld. counsel contends that petitioner is owner of the tractor trolley No.HR-04J-2719, which has been impounded during investigation of FIR No.431 dated 19.08.2023 under Sections 21(1) and 21(4)(A) of the Act and Section 379 of IPC, at Police Station Naraingarh, Ambala; that petitioner moved an application to release the vehicle on superdari, but the same was rejected by making it conditional to pay the fine as imposed under Section 21(4A) of the Act read with Rule 104 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 [for short 'the Rules'], Ld. c
The court established that vehicles seized for illegal mining can be released only if no confiscation proceedings are pending, ensuring compliance with mining laws.
The main legal point established in the judgment is the power of the Mining Engineer to seize the vehicle and the authority of the concerned Magistrate to release the seized vehicle under certain con....
The concerned Magistrate has the power to release the vehicle under Sections 457 Cr.P.C. unless the goods/vehicle have been confiscated. Prompt exercise of powers under Section 451 Cr.P.C. is importa....
Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
The court established that vehicles seized for illegal mining can be released upon verification of confiscation proceedings and payment of penalties, ensuring compliance with mining laws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
