THE HON’BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.11235 OF 2025

ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home, learned Assistant Government Pleader for Mines and Geology.

2. This writ petition is filed to declare the action of respondent No.3 not to release the Tractor bearing Engine No. TS 23 8202 and Trailer No.TS 23 T 8481 (for short, ‘the subject vehicle’) vide proceedings issued in show cause notice No.341/illegal sand/ seizure- confiscation/2023, dated 03.04.2024 by respondent No.4 in Cr.No.147 of 2024, as illegal and consequently direct respondent No.3 to release the subject vehicle.

3. Petitioner herein is the absolute owner and possessor of Tractor bearing No. TS 23 8202 and Trailer No. TS 23 T 8481. In proof of the same, he has filed a copy of Registration Certificate. The subject vehicle was seized by respondent No.3 in connection with Crime No.147 of 2024 on 03.04.2024. The offences alleged against the accused in the said crime are under Section 379 of the Indian Penal Code and Section 21 (4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘the MMDR Act’) and Section 3 of Prevention of Damage