Authorities must comply with statutory procedures following vehicle seizure under mining laws to ensure prompt decision-making for prosecution or release.

JUDGMENT

The petitioner has approached this Court aggrieved by a seizure of his vehicle; tipper lorry bearing Registration No.KL-41-J- 8718. It is the case of the petitioner that the vehicle was seized by the 2nd respondent and the mahazar prepared indicates that it was seized in connection with an alleged offence under the Mines and Minerals (Development and Regulation) Act and the Kerala Minor Mineral Concession Rules, 2015 . While the petitioner disputes the allegations against him, it is his case that pursuant to the seizure, a report has not been forwarded before the statutory authority competent to initiate prosecution or compound the offence, and hence there is an undue delay in obtaining the release of the vehicle.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. The learned Government Pleader would submit, on instructions, that the offence alleged is under the Mines and Minerals (Development and Regulation) Act and the Kerala Minor Mineral Concession Rules, 2015 .

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

(i) The 2nd respondent shall forthwith and at any rate within three days from the date of receipt of a copy of this judgment, forward a report regarding seizure to the 1st respondent.

(ii) On receipt of the report from the 2nd respondent and within three days thereafter, the 1st respondent shall take a decision as regards whether an offence as alleged is made out against the petitioner necessitating further steps for prosecution.

(iii) If the 1st respondent finds that no offence is made out, he shall forthwith release the vehicle to the petitioner. If, on the other hand, the 1st respondent finds that the petitioner is liable to be prosecuted, he shall, if the offence is one that can be compounded, permit the petitioner to compound the same on payment of a compound fee which shall not be less than the value of the goods or vehicle that is otherwise liable for confiscation. The vehicle shall be released forthwith on realisation of the compounding fee.

(iv) If the petitioner chooses not to compound the offence, the 1st respondent shall consider the request of the petitioner for a provisional release of the vehicle after securing the value of the said vehicle through sufficient security, other than through a simple bond. He shall thereafter initiate steps for prosecution of the offence in accordance with the statutory provisions.