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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 two 18 wheelers' trucks, firstly, bearing its registration number BR03-GC8970, Chassis Number MAT828045P2K27478, Engine Number-B67B62300D0213K64335214 and secondly, bearing its registration number BR01-GQ0593, Chassis Number-MB1T2VHD0SPLF8760, Engine Number-SLPZ123250, both of Ashok Leyland Ltd. Company, which have been seized by the respondent no. 06, the Mining Inspector, Kaimur (Bhabha), illegally, in connection with the Mohania P.S. Case No. 61 of 2026 registered for the offences punishable under section 303(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as BNS) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as MMDR Act, 1957).
ii.For directing the respondent no. 03, the District Magistrate, Kaimur (Bhabhua) not to take any steps for confiscation of the petitioner's said two trucks, which have been seized by the respondent no. 06, in connection with Mohania P.S. Case No. 61 of 2026.
iii.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 vehicles of the petitioner bearing Registration Nos. BR03-GC8970 and BR01-GQ0593, respectively, in connection with Mohania P.S Case No. 61 of 2026 which was registered on 28.01.2026 under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019, has determined penalty amount of Rs. 8,97,750/- for the truck bearing Registration No. BR03GC8970 and Rs. 9,02,000/- for the truck bearing Registration No. BR01GQ0593 as compounding fees/cost of the ballast (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 amounts in easy installments without prejudice to his rights. The learned counsel further submits that after payment of the first installment for each vehicle, the vehicles 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 trucks 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 submissions of the learned counsel for the petitioner as well as the learned counsel for the Department of Mines, the concerned respondent is directed to release both vehicles of the petitioner, bearing Registration Nos. BR03-GC8970 and BR01-GQ0593 respectively, on payment of penalty amounts of Rs. 8,97,750/- and Rs. 9,02,000/-respectively, in eleven monthly installments. The first installment would be Rs. 97,750/- for vehicle No. BR03-GC8970 and Rs. 1,02,000/- for vehicle No. BR01-GQ0593 and rest amount of Rs. 8,00,000/- for each vehicle would be paid in ten equal monthly installments. The vehicles in question would be released after payment of first installments of Rs.97,750/- and Rs. 1,02,000/-before the authority concerned, on or before 18ᬀ September, 2026, and rest penalty amounts would be paid in ten equal monthly installments on or before 18ᬀ day of every month. At the same time, the petitioner shall furnish all the necessary papers/documents of ownership and security bonds/indemnity bonds (not bank guarantee) equal to Insured Declared Value (IDV) of both the vehicles 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 vehicles, 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 vehicles 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 penalty amounts of Rs. 8,97,750/- and Rs. 9,02,000/- are paid, the respondent authorities will proceed for compounding of the case.
Accordingly, the present writ petition stands disposed of with the aforesaid directions/observations.