AI Structured Summary
Not yet generated for this judgment
Judgment
Date : 28-08-2026 Heard the learned counsels for the parties.
The present writ petition has been filed seeking following relief(s):
“i.For issuance of appropriate writs(s) or appropriate orders with direction of the release in favour of the petitioner, being the owner of the bearing its registration number BR27GA8161, which has been seized by the respondent no. 06, the Mining Inspector, District Mining Office, Nawada, illegally, in connection with the Rajauli P.S. Case no. 72 of 2026 registered for the offences punishable under section 305(e)/303(2)/317(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as BNS);
ii.For Issuance of writ/writs, order/orders, direction/directions directing for registration of FIR against Sub-Divisional Officer, Rajauli, Nawada (Respondent no. 4) Mineral Development Officer, Nawada (Respondent no. 5) and Santosh Prakash Jha, Mining Inspector, Nawada (Respondent no 6) for misusing their official positions, harassing the petitioner and other truck owners for extorting illegal money and creating false prosecution story and converting the same into a concocted FIR against the petitioner placing false allegations against the vehicle of the petitioner bearing Registration no BR27GA8161.
iii.For directing the respondent authorities not to take any steps for confiscation of the petitioner's aforesaid two trucks which have been seized by the respondent no. 06, in connection with Rajauli P.S Case no. 72/2026.
iv.For grant of any other relief(s) which the petitioner may be entitled to in the facts and circumstances of the present case." "
After lengthy arguments from both sides, learned counsel for the petitioner submits that the Department of Mines, which has seized the vehicle of the petitioner bearing Registration No. BR-27GA-8161, in connection with Rajauli P.S Case no. 72/2026 which was registered on 08.02.2026 under Sections 305(e), 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, has determined penalty of Rs. 9,27,819/- as compounding fees/cost of the stone chips (Gitti). The learned counsel further submits that the petitioner does not want to press other reliefs, but he is ready and willing to pay the penalty amount in easy installments without prejudice to his rights. The learned counsel further submits that after payment of first installment, the vehicle of the petitioner may be released. The learned counsel further submits that once the total penalty amount is paid, the Department of Mines may be directed to compound the offence and withdraw the case filed against the petitioner.
Learned counsel appearing on behalf of Department of Mines objects to the petitioner making payment in installments and submits that the petitioner be directed to make payment of the penalty amount in one go. However, learned counsel submits that liberty may be granted to the Department of Mines to re-possess the truck in case the petitioner fails to pay the installments within the time fixed, if the Court allows installments.
While dealing with the seized vehicles from time to time by the police either in commission of various offences or abandoned vehicles or vehicles which are recovered during investigation of complaint of thefts, the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 observed as under:-
“In our view, whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court.
If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.”
Having regard to the submission of the learned counsel for the petitioner as well as learned counsel for the Department of Mines, the concerned respondent is directed to release the vehicle of the petitioner bearing Registration No. BR-27GA-8161 on payment of penalty amount of Rs. 9,27,819/- in eleven monthly installments, first installment would be Rs.1,27,819/- and rest amount of Rs. 8,00,000/- would be paid in ten equal monthly installments. The vehicle in question would be released after payment of first installment of Rs.1,27,819 /- before the authority concerned, on or before 18th September, 2026, and rest penalty amount would be paid in ten equal monthly installments on or before 18th day of every month. At the same time, the petitioner shall furnish all the necessary papers/documents of ownership and security bond/indemnity bond (not bank guarantee) equal to Insured Declared Value (IDV) of the vehicle in question as on date to the satisfaction of the concerned/competent authority, subject to the following condition:
The petitioner shall undertake, in writing, that the vehicle, in question, shall neither be alienated nor be transferred/sold in favour of any third party during the pendency of the trial and that the vehicle in question shall be produced as and when required in the proceeding or otherwise.
However, it is made clear that if the petitioner fails to deposit the installments in terms of the present order, the respondents are at liberty to take possession of the truck and proceed in the matter in accordance with law. It is further made clear that when the total amount of Rs.9,27,819/- is paid, the respondent authorities will proceed for compounding of the case.
Accordingly, the present petition stands disposed of with the aforesaid directions/observations.