Golu Kumar @ Golu Singh v. The State Of Bihar

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the S t a t e For the M i n e s ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL Mr Santosh Kumar Pandey, Advocate Mr Raghwendra Kr, SC XXII M/s Naresh Dikshit, Kalpana, Advocates : : : ORAL JUDGMENT Date : 22-07-2024 This writ petition has been filed by the petitioner for releasing the Tractor bearing Registration No BR26GB-4360, Chassis No TO52453869KH, Engine No E2460619 in his favour.

2 Facts of the case are that on 12.11.2022, the above mentioned vehicle has been seized by Mines Inspector, Aurangabad which was caught overloaded with 120 Cft of sand without challan causing loss of revenue to the State of Bihar. On the basis of information given by the Mines Inspector, the SHO, Patna High Court CR. WJC No.702 of 2024 dt.22-07-2024 Barun Police Station registered Barun PS Case No 493 of 2022 under Sections 379, 411 of IPC, Section 4 (1A), 21 of Mines and Minerals (Development and Regulation) Act 1957, Section 15 of the Environment Protection Act, 1986 and Rules 11,18 of Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 and Rule 56 of amended Rule 2021 against the driver of the said vehicle as well as the owner, i e, the present petitioner. The petitioner deposited all the costs of the penalty, as assessed by the Mines Department.

Subsequently, office of the District Transport Officer, Aurangabad imposed a penalty of Rs 62,306/- on the ground that the vehicle was used by the owner for commercial purposes and other irregularities were also found. The petitioner, for releasing the said vehicle, firstly made an application before ACJM I, Aurangabad. The ACJM I, Aurangabad in GR No 2690 of 2022, vide order dated 19.07.2023, rejected the application of the petitioner. Subsequently, revision petition, preferred by the petitioner, has also been rejected by the learned Additional Sessions Judge III, Aurngabad in Criminal Revision No 76 of 2023/19 of 2023 by its order dated 02.09.2023. Hence, this petition has been preferred by the petitioner. Patna High Court CR. WJC No.702 of 2024 dt.22-07-2024 3 Heard the learned counsel appearing for both the parties. Perused the impugned orders and other materials available on the record. 4 Counter affidavit filed by the respondent-State clearly shows that the compounding cost, as assessed by the Mines Department, has already been deposited by the petitioner to the Mines Department.

The record further shows that the Investigating Officer of the case also has filed no objection for releasing the vehicle. Both the Courts below have rejected the application for releasing the vehicle submitted by the petitioner only on the ground that the Transport Department imposed penalty of Rs 62,306/- and the petitioner refused to deposit the said penalty amount. 5 Learned counsel appearing for the Transport Department could not point out any of the provisions which show that on the ground of non-deposition of the penalty, the seized vehicle is liable to be confiscated. Facts remain that vehicle has been seized by the Mines Department and police has already registered FIR under Sections 379, 411 of IPC, Section 4 (1A), 21 of Mines and Minerals (Development and Regulation) Act 1957, Section 15 of the Environment Protection Act, 1986 and Rules 11,18 of Bihar Minerals (Concession, Prevention of illegal Mining, Patna High Court CR. WJC No.702 of 2024 dt.22-07-2024 Transportation and Storage) Rules, 2019 and Rule 56 of amended Rule 2021.