JUDGMENT

Hon'ble Lok Pal Singh, J.

This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief:

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent to release the vehicle of the petitioner forthwith in the facts and circumstances of the case."

2. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the truck bearing registration no. UP 21 BN 9836. It is stated that the said truck of the petitioner was illegally seized by the police and further the challan was issued under the Motor Vehicle Act, 1988 on 10.04.2018.

3. Learned counsel for the petitioner also submitted that, in any case, the petitioner cannot be legally held responsible for the mining act for which no notice is given to him, as reflected in the challan. It is also submitted that the petitioner has also furnished requisite challan/fee.

4. It is further submitted by the learned counsel for the petitioner that the vehicle should not be and cannot be withheld for illegal mining, which has not been stated in the challan. This submission has some force. Naturally, petitioner cannot be he