IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3253 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================================

Approved for Reporting Yes No ==========================================================

ARVINDBHAI DHIRUBHAI DUMANIYA Versus STATE OF GUJARAT & ORS.

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Appearance:

MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Petitioner(s) No. 1 MR VAIBHAV SHARMA AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 16/03/2026

JUDGMENT

1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Vaibhav Sharma waives service of Rule on behalf of the respondents.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. Ms. Chauhan, learned counsel for the petitioner submits that the vehicle of the petitioner was seized on 03.12.2025 by the respondent authorities and till date, no complaint has been filed by the respondents. She submits that since the complaint has not been filed as per provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioner is entitled to release of his vehicle, bearing registration No.GJ-13-AD-2720 and Chassis No. 1PY5310EESL072124 pending the proceedings. Learned counsel in support of her contentions has placed reliance on the decisions passed by this Court in Special Civil Application No. 9203 of 2020 dated 26.08.2020 and Letters Patent Appeal No.

717 of 2020 dated 19.04.2021.

4. Mr. Sharma, learned Assistant Government Pleader appearing for the respondents submits that no complaint has been filed yet and that therefore, appropriate order may be passed in the present case.

5. In view of the aforesaid submissions, it is revealed that no complaint has been filed within the stipulated period of time under the Rules, 2017. Various orders have been passed by this Court, wherein it has been held that it would be obligatory on the part of the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court within the stipulated period under the Rules. In absence of such 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.

6. In view of the enunciation of law and in absence of any complaint filed, it would not be within the authority of the respondent authority to continue seizure of the vehicle and therefore, the authority concerned is directed to forthwith release the vehicle of the petitioner. It is clarified that the present writ petition has been entertained only for the limited purpose of releasing the vehicle of the petitioner. It will be open to the petitioner to avail of the remedy available in law. It is also clarified that this order shall not preclude the officers to initiate any proceedings, in accordance with law.

7. It is made clear that this Court has not gone into the merits of the case and no observation is made thereon.

8. In view of the aforesaid observations, the present Special Civil Application stands disposed of. Rule is made absolute accordingly. No order as to costs.

Direct Service is permitted. (HEMANT M. PRACHCHHAK,J)

ANUSRI