THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9708 of 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) against the order dated 05.07.2024 passed in Crl.M.P.No.368 of 2024 in Crime No.274 of 2024 on the file of the learned Special Judicial Magistrate of First Class (Excise) at Karimnagar, wherein the petition filed under Section 451 of Cr.P.C to release the vehicles i.e., Mahindra Tractor bearing registration No.TS 02 UC 9841 and Trailer bearing No.AP 15 BM 6083 involved in the commission of offence under Section 379 of the Indian Penal Code and Section 21 (4) of Mines and Minerals Development and Regularization Act, 1957. The above petition filed under Section 451 of Cr.P.C was dismissed on the ground that the accused used the vehicles in committing the same offence in several criminal cases.

2. Heard Sri Praveen Bonkuri, learned counsel appearing on behalf of the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

3. The brief facts of the case are that the vehicles of the petitioner has been seized and lying in the premises of concerned Police Station since 13.06.2024, which is exposed to natural calamities and if the same is kept idle, there is every chance that the vehicles will get damaged as a result of which the petitioner will suffer irreparable loss. Due to the seizure of his vehicles, the petitioner is subjected to mental trauma. The petitioner is an innocent and law abiding citizen. If the subject vehicles are not released, the petitioner will be put to great hardship and irreparable loss.

4. Learned counsel for the petitioner submitted that as per G.O.Ms.No.15, dated 19.02.2015, the vehicles involved for illegal transport of sand without prior permission from the concerned authorities shall be released on payment of penalty for the vehicles and the vehicles involved in the same offence in several crime cases, such vehicle/machinery along with sand shall be seized/confiscated by the concerned officer in the State. The said G.O is attached in the material papers. Therefore, he prayed the Court to set aside the order and to release the subject vehicles till decision of the confiscation is taken by the Court or by authorities concerned as per the said G.O. Therefore, the subject vehicles may be returned to the petitioner, who is ready to give an undertaking and also a personal bond, and prayed the Court to allow the Criminal Petition.

5. On the other hand, learned Assistant Public Prosecutor appearing on behalf of the respondent-State submitted that if the subject vehicles are released, the petitioner will again involve in the same offence and further the subject vehicles are involved in the same offence in several crime cases. Due to the illegalities committed by the petitioner, the entire environment is very much affected. Under Section 21(4A) in the Mines and Minerals (Development and Regulation) Act, 1957 ( for short ‘the Act, 1957’), the specifically authorized competent Court to complete the confiscation proceedings. Therefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, the subject vehicles are involved in mining and transporting the sand illegally. Registering the Criminal Case will make little impact. The alternative scheme of confiscation proceedings has been provided to overcome the adverse consequences resulting in delay for disposal of the criminal prosecutions involving confiscation. The confiscation of the subject vehicles are one of the effective tool for protecting the illegal mining and preserving the environment and under Section 21 (4A) of the Act, 1957, the Court taking cognizance of the offence can confiscate. The Criminal prosecution and confiscation proceedings are parallel proceedings and having distinct purpose and object. The s