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Judgment
Despite repeated opportunities, reply has not been filed.
Heard Mr. Shuja-ul-Haq, learned counsel for the applicant and Mr B. A. Dar, learned Sr. AAG for the respondents.
This application is filed by the applicant, praying for issuing direction for release of vehicle (Truck) bearing Registration No. JK13-B-7963 seized by Range Forest Officer Anti-Polythene, Check Post Lakhanpur on 14th June 2019. The vehicle was seized on the ground that it was carrying polythene carry-bags in violation of the orders passed by this Court in OWP (PIL) No. 458/2013 titled Kashmir Consumer Forum and Ors v. Commissioner Transport, whereby transportation of polythene carry-bags has been banned in the State of J&K.
It is the contention of the applicant that he was not aware of the fact that the use of polythene has been banned in the State of J&K, therefore, due to mistake of fact committed error. It is also stated that the vehicle of the applicant has been never involved in any illegal activity and his sole income is derived only from the said vehicle and unless the vehicle is released, his rights will be seriously prejudiced. The learned counsel appearing for the applicant further submitted that the above said vehicle is involved for the first time in transporting the polythene carry-bags in violation of the Court orders.
Considering the earlier prohibitory orders passed by this Court and the submissions made by the learned counsel for the applicant, we are of the view that this application can be disposed of by directing the release of the above said vehicle on the following conditions:-
a. That the applicant shall deposit a sum of Rs. 50,000/- (Rs. Fifty thousand) with an undertaking to the satisfaction of Registrar Judicial of this Court, that the applicant's vehicle is involved for the first time in carrying the polythene carry-bags in violation of the prohibitory orders of this Court and that he will not use his vehicle to carry the polythene carry-bags in violation of the Court order in future.
b. That the seized material shall remain in the custody of the concerned authority subject to further orders to be passed by the competent criminal Court.
c. That if the vehicle once released by this order is found again violating the prohibitory orders of this Court, the same shall not be released till finalization of the criminal proceedings by the competent Court.
d. The vehicle to be released is not facing any criminal proceedings before any Court.
e. The affidavit to be filed by the owner of the vehicle, stating that the subject vehicle is involved for the first time in carrying the polythene carry-bags in violation of the prohibitory orders, shall be verified by the concerned authority before releasing the vehicle.
f. The documents of the seized vehicle & all other material other than the offending polythene bags shall also be released to the applicant against proper documentation.
g. This order will not stand in any way with regard to investigation and in the proceedings, if any, pending in criminal Court and the same shall be decided in accordance with law.
Application is disposed of on the above terms.