Gujarat High Court: A.Y. Kogje, J. passed an order of release of a vehicle involved in transporting mineral / illegal mining after imposing certain conditions.
A petition was filed under Articles 14, 19, 21 and 226 of the Constitution of India to release the vehicle which was seized under the provisions of Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2017 for it being involved in transporting mineral / illegal mining.
Kruti M. Shah, learned counsel for the petitioner submitted that he was ready to pay the penalty amount that may be specified by the authority after completion of entire proceedings at the departmental level or upon the completion of the trial if any.
Vrunda Shah, learned counsel for the respondent submitted that the vehicle was found involved in the illegal mining activity and therefore, the department has acted as per the provisions of Rules of 2017 and as the petitioner was not ready and willing to compound the offence, the vehicle could not have been released.
High court on noting the submission by the parties held that authorized officer was obliged to release the vehicle the moment the person alleged whose vehicle is involved in illegal mining activity furnishes the bank guarantee or the security deposit. The Court thus ordered the authorized officer to release the vehicle after complying with the certain mandatory conditions.[Mohammadkhan Karimkhan Ghori v. State of Gujarat, 2019 SCC OnLine Guj 838, decided on 09-05-2019]