Seizure of property requires a complaint to be filed by authorities within a specified period; failure to do so mandates release of the seized vehicle.

With the consent of the learned advocates for the respective parties, the matter is taken up for final disposal.

2.Issue Rule, returnable forthwith. Ms Foram U. Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

3.By this petition, the petitioner has prayed for quashing and setting aside the action of the respondent no.2 of seizing the vehicle of the petitioner i.e. Ashok Leyland Truck/Dumper bearing Registration no.GJ-01-BV-2423.

4. Mr Jay N. Shah, learned advocate appearing for the petitioner, at the outset, submitted that the present petition is restricted qua release of the vehicle. So far as the proceeding on merits is concerned, the petitioner shall pursue the matter before the concerned authorities.

4.1It is submitted that the petitioner is the owner of the vehicle being Ashok Leyland Truck/Dumper bearing Registration no.GJ-01-BV-2423. On 20.05.2024, the inspection team visited the place and the vehicle of the petitioner was seized. It is submitted that the respondent authorities have not filed any complaint despite the expiry of the specified period, which otherwise, they are obliged to do so by virtue of the provisions of sub-clause (ii) of clause (b) of sub-rule (2) of Rule 12 of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules , 2017 (hereinafter referred to as the “Rules of 2017”). It is submitted that the issue stands covered by various orders passed by this Court and, more particularly, the judgment dated 26.08.2020 passed in Special Civil Application No.9203 of 2020 , in the case of Nathubhai Jinabhai Gamara vs. State.

5.On the other hand, Ms Foram U. Trivedi, learned Assistant Government Pleader, as per the instructions from Shri J. R. Savner, Geologist, Amreli, has stated that complaint has not been filed and urges for passing of appropriate order.

6.Heard the learned advocates for the respective parties.

7.Pertinently, on 20.05.2024, inspection was carried out by the team of respondent no.2 and on 20.05.2024 the vehicle was seized as it was not having valid royalty pass. Admittedly, no complaint, as envisaged under the provisions of sub-clause (ii) of clause (b) of sub-rule (2) of Rule 12 of the Rules of 2017, has been filed and the aspect of non-filing of the complaint has been conceded by Ms Foram U. Trivedi, learned Assistant Government Pleader.

8.Clearly, in absence of any registration of the complaint within the specified period, the judgment of this Court in the case of Nathubhai Jinabhai Gamara (supra) applies on all fours to the facts of the present case. This Court has held and observed in paras 7, 10 and 11, which read as under:-

“7. Pertinently the competent authority under Rule 12 is only authorized to seize the property investigate the offence and compound it; the penalty can be imposed and confiscation of the property can be done only by order of the court. Imposition of penalties and other punishments under Rule 21 is thus the domain of the court and not the competent authority. Needless to say therefore that for the purpose of confiscation of the property it will have to be produced with the sessions court and the custody would remain as indicated in sub-rule 7 of Rule 12.

Thus where the offence is not compounded or not compoundable it would be obligatory for the investigator to approach the court of sessions with a written complaint and produce the seized properties with the court on expiry of the specified period. In absence of this exercise, the purpose of seizure and the bank guarantee would stand frustrated;

resultantly the property will have to be released in favour of the person from whom it was seized, without insisting for the bank guarantee.

10. The bank guarantee is contemplated to be furnished in three eventualities: (i) for the release of the seized property and (ii) for compounding of the offence and recovery of compounded amount, if it remains unpaid on expiry of the specified period