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2020 Supreme(MP) 804
MADHYA PRADESH HIGH COURT (GWALIOR BENCH)
Rajeev Kumar Shrivastava, J.
Rajveer Singh - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 30569 of 2020
Decided On : 23-10-2020
Pradeep Katare, Advocate, Santosh Sharma, Advocate
Seized vehicle cannot be released until confiscation proceedings under Rule 53 of the Rules of 1996 are completed.
Headnote:
CrPC - Custody of Seized Vehicle - Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996 - [53]
Fact of the Case:
The petitioner filed an application under Sections 451 and 457 of CrPC for custody of a seized vehicle involved in illegal transportation of sand. The lower courts rejected the application citing pending confiscation proceedings under Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996.
Finding of the Court:
The court found that the seized vehicle cannot be released unless the proceedings under Rule 53 of the Rules of 1996 are completed.
Issues: The main issue was whether the petitioner was entitled to custody of the seized vehicle under Sections 451 and 457 of CrPC despite pending confiscation proceedings under Rule 53 of the Rules of 1996.
Ratio Decidendi: The court held that the seized vehicle cannot be released until the confiscation proceedings under Rule 53 of the Rules of 1996 are completed.
Final Decision: The petition filed by the petitioner under Section 482 of CrPC was dismissed.
Key Points: - The seized vehicle cannot be released until confiscation proceedings under Rule 53 of the 1996 Rules are completed (!) . - The petition under Section 482 CrPC was dismissed, upholding the orders rejecting custody of the seized vehicle (!) (!) . - The confiscation proceedings were started and are pending before the Collector (Mines Branch), Bhind, satisfying the condition for continued custody/failure to release (!) (!) .
What is the effect of Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996 on release/custody of seized vehicles pending confiscation?
What is the court’s conclusion regarding custody of a seized vehicle under Sections 451 and 457 CrPC when confiscation proceedings under Rule 53 are pending?
What are the grounds for dismissing the petition under Section 482 CrPC in this case?
JUDGMENT
Rajeev Kumar Shrivastava, J. - This petition has been filed under Section 482 of Code of Criminal Procedure (for brevity "CrPC" ), against the order dated 6/8/2020 passed by Additional Sessions Judge, Mehgaon, District Bhind in Criminal Revision No.27/2020; whereby, the order dated 27/7/2020 passed by Judicial Magistrate First Class (for brevity "JMFC" ), Mehgaon District Bhind has been affirmed and the application filed by the petitioner under Sections 451 and 457 of Cr.PC has been rejected. By said application, the petitioner has prayed for custody of seized vehicle on supurdgi.
2. The facts of the case, in brief, are that the Police Station Mehgaon, District Bhind in connection with Crime No.267/2020 had seized the tractor bearing registration No.MP06-AB-4276 along-with trolley, which was involved in transportion of sand without having any royalty receipt. The petitioner has filed an application under Sections 451 and 457 of CrPC before the JMFC, Mehgaon, District Bhind for releasing the vehicle in question on supurdgi. The JMFC, Mehgaon, District Bhind dismissed the application. Aggrieved by the order passed by the JMFC, the petitioner preferred a Criminal Revision before the Additional Sessions Judge, Mehgaon, District Bhind which also met with the same fate. Hence, this petition under Section 482 of CrPC has been filed by the petitioner.
3. Learned counsel for the petitioner submits that the Courts below have rejected the application mainly on the ground that the Collector of the District had not started confiscation proceedings under Rule 53 of Madhya Pradesh Minor Mineral Rules, 1996 (for brevity "the Rules of 1996" ). The Collector was having power under Rule 53(3)(a) of the Rules of 1996 to impose penalty and unless the penalty so imposed is deposited, the seized vehicle cannot be released on supurdgi. Learned counsel for the petitioner further submits that there is no proceeding pending unde Rule 53 of the Rules of 1996. The offending vehicle was seized in connection with the offence under Sections 379 and 414 of Indian Penal Code. If the seized vehicle is permitted to be kept in the police station for indefinite period then the vehicle may loose its utility and it's parts are likely to be damaged. Therefore, there is no use to keep such sezied vehicle at the police station for a long period.
4. Per contra, learend Panel Lawyer for the respondent/State has opposed the submissions and has submitted that against the seized vehicle, cofiscation proceedings have been started and are pending in compliance of order of the Collector (Mines Branch) Bhind vide letter No.Q/08/Khanij/2020/508, Bhind dated 31/7/2020. Hence, prayed for dismissal of the present petition.
5. Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the available record.
6. Rule 53 of the Rules of 1996 reads as under:-
"53. Penalty for un-authorised extraction and transportation.- [(1) Whenever any person is found extracting or transporting minerals or on whose behalf such extraction of transportation is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal extraction of minerals and every such persen shall be punishable with simple imprisonment for a maximum term of three months which may extend to two years or with fine which may extend to fifty thousand rupees or with both.]
(2) Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rules the Collector/Additional Collector/Joint Director/Deputy Director/ Mining Officer/Assistant Mining Officer, or any Officer Authorised by him or Zila/Janpad/[Gram Sabha) may seize the minor minerals and its products together with all tools, equipments and vehicle used in committing such offence.
(3) The officer seizing illegally extracted or transported mineral or its product, tools, equipments and vehicles shall give a receipt
