Ravindra Kumar vs State of Bihar

Sandeep Kumar, J

Heard learned counsel for the petitioners; learned counsel for the State and learned counsel for the Mining Department.

On 16.06.2025, during course of vehicle checking, four trucks loaded with sand without valid challans were intercepted. Subsequently, seizure list was prepared and on the basis thereof, Kochas P.S. Case No. 149 of 2025 dated 16.06.2025 was registered under Sections 303(2), 317(2) of the BNS and Section 194 of the Motor Vehicle Act.

It is submitted by learned counsel for the petitioners, that the petitioner no. 1 is the owner of the truck bearing registration no. BR-03GC-1479; petitioner no. 2 is the owner of truck bearing registration no. BR-44GA-5617 and petitioner no. 3 is the owner of the truck bearing registration no. UP-61BT-2642.

The Mining Department vide letters dated 18.07.2025 had imposed a fine on the aforesaid three trucks which is as under:

Letter No. / Date Registration No Fine imposed

Letter No 780, UP-61BT-2642 Rs. 8,82,650/-

Dated 18.07.2025

Letter No. 781, BR-44GA-5617 Rs. 8,91,833/-

Dated 18.07.2025

Letter No. 782, BR-03GC-1479 Rs. 8,99,729/-

Dated 18.07.2025

Learned counsel for the petitioners submits that the aforesaid impugned order has been passed without initiating confiscation proceedings under Rule 18 of the Bihar Minerals Rules, 2019 and the vehicles are languishing in open space which is causing deterioration in the aforesaid vehicles. Further, it is submitted that the impugned order has been passed without hearing the petitioners. Any adverse order which is passed against the persons should be passed after hearing the petitioners and the present order is in complete violation of the principles of natural justice.

Having given a careful consideration, this Court deems it appropriate to quash the aforementioned demand and to remit this matter back to the respondent no. 4 for a fresh consideration. The same shall be decided afresh, after hearing the petitioners within two weeks from the date of receipt/production of a copy of this order.

In the meantime, the truck of the petitioners bearing Registration Nos. BR-44GA-8064, BR-03GC-1479, BR-44GA-5617, and UP-61BT-2642 respectively, shall be released in favour of the respective owners/ petitioners after they deposits a Bank guarantee for an amount of Rs. 8,75,000/- by each of the petitioners for release of their respective vehicles in the Department.

If the petitioners do not co-operate in the disposal of the proceedings, the Mines Department shall be at liberty to encash the Bank guarantee produced by the petitioners.

The petitioners will approach the authority along with a copy of this order and thereafter within two weeks, appropriate orders shall be passed.

This application stands disposed of.