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 to the Public Property Act ( for short, ‘PDPPA’).

4. The allegation leveled against the accused is that he has transported sand illegally. According to the petitioner, the subject vehicle was in the custody of the respondent No.3 and it is subjected to Sun and Rain. Therefore, the petitioner sought to release the subject Tractor and Trailer.

5. Whereas, learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Mines and Geology on instructions, would submit that the subject vehicle is involved in five (05) crimes and the subject vehicle has already produced before the Magistrate concerned vide P.No.280 of 2024 on 20.08.2024 itself. Therefore, the petitioner has to file an application seeking release/ interim custody of the tractor and trailer before the learned Magistrate and it is for the learned Magistrate to consider the same.

6. Perusal of writ affidavit itself would reveal that the subject tractor and trailer involved in five (05) crimes vide Cr. No.310 of 2020, Cr. No.502 of 2021, Cr. No.265 of 2023, Cr. No.414 of 2023 and Cr. No.616 of 2023. Apart from the said crimes, the said vehicle and trailer also involved in Cr. No.142 of 2024.

7. Para No.5 of the writ affidavit, the petitioner specifically contended that he is ready to comply the procedure laid down under G.O.Ms.No.15, dated 19.02.2015.

8. In the light of the said submissions, since the subject vehicle was already deposited before the learned Magistrate concerned, this petitioner has to file appropriate application before the said Court seeking release of the seized vehicle and it is for the Court concerned to decide the same.

9. This writ petition is accordingly disposed of granting liberty to the petitioner to approach the learned Magistrate concerned by filing application under 497 of BNSS, 2023, seeking release/interim custody of the subject vehicle and it is for learned Magistrate to consider the said application in accordance with law. In the circumstances of the case, there shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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JUSTICE K.LAKSHMAN Date: 23-04-2025 pld