MINES AND MINERALS – Illegal sand transportation – Seizure of vehicle – Legality
Paras 3, 4, 7
Vehicle seized alleging transportation of sand without valid documents – Rule 9-B(19) of G.O.Ms.No.100 prescribes only penalty for such violations – Authorities cannot resort to seizure where rule provides only penal consequences – Held, seizure not justified in such cases.
MINES AND MINERALS – Rule 9-B(19) – Scope of penalty
Para 7
Rule 9-B(19) specifically provides graded penalties for illegal excavation/transportation – Does not contemplate seizure of vehicles – Held, authorities empowered only to levy penalty and not to detain vehicle.
CRIMINAL LAW – Seizure of property – Principle
Para 8
Reliance placed on Supreme Court decision holding that retention of seized vehicles serves no useful purpose – Vehicles should not be kept idle for long periods – Held, release of vehicle justified.
WRIT JURISDICTION – Article 226 – Relief of release of vehicle
Paras 1, 9
Writ petition maintainable challenging illegal seizure of vehicle – High Court can direct release subject to compliance with statutory requirements – Held, writ disposed with directions for release upon payment of penalty.
PROCEDURE – Conditional release of seized vehicle
Para 9
Authorities directed to:
(i) determine penalty under Rule 9-B(19);
(ii) permit payment by petitioner;
(iii) release vehicle upon production of receipt and ownership documents – Held, balanced approach ensuring compliance with law.
FUNDAMENTAL RIGHTS – Articles 14, 19(1)(g), 21
Para 1
Illegal seizure affecting right to livelihood and property – Action contrary to procedure established by law – Held, interference justified under Article 226.
