HON’BLE SRI JUSTICE K. LAKSHMAN

ORAL ORDER

Heard learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology appearing on behalf of respondent Nos.1 and 4, learned Assistant Government Pleader for Home appearing on behalf of respondent No.2 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.3.

2. The petitioners herein are claiming that they are the owners and possessors of the following vehicles:

Sl.No.	Name of Petitioner	Tractor No.	Trailer No.
01.	Petitioner No.1	TS 19T 6803	TS 02UC 3421
02.	Petitioner No.2	TS 02UC 5262	TS 02UC 5261
03.	Petitioner No.3	TS 22TA 2074	TS 22T 1211

In proof of the same, they have filed copies of certificate of registrations. The subject vehicles were seized by respondent No.2 on 15.04.2025 at 7.30 A.M. and kept them in respondent No.2 Police Station. The allegation levelled against the petitioners is with regard to illegal transportation of sand. The subject vehicles are in respondent No.2 police station and they are subjected to sun and rain.

Therefore, the petitioners filed the present writ petition to release the said vehicles.

3. Learned Assistant Government Pleader for Home has produced written instructions, wherein it is stated that when the petitioners transporting illegal sand through the subject vehicles, the same were seized by respondent No.2 and a case in Crime No.35 of 2025 was registered under Section - 303 (2) of BNS, Section - 21 (4) of Mines & Mineral Development Regulation Act, 1957 and Section -

3 of the Prevention of Damage to Public Property Act, 1984.

i) Learned Assistant Government Pleader for Home, on instructions, would submit that the subject vehicles were deposited before the concerned Court today vide C.P. No.39 of 2025.

4. In the light of the said submissions, since the subject vehicles were deposited before the concerned Court, this Court cannot pass any orders and the petitioners have to file appropriate application before the said Court seeking release of the seized vehicles and it is for the concerned Magistrate Court to decide the same.

5. This writ petition is accordingly disposed of granting liberty to the petitioners to approach the concerned Magistrate by filing appropriate application seeking release/interim custody of the subject vehicles and it is for learned Magistrate to consider the same in accordance with law. In the circumstances of the case, there shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ K. LAKSHMAN, J

21^st April, 2025 Note: Furnish C.C. of order by 22.04.2025.

(B/O.) Mgr

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