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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 petitioners, being the owner of the trucks, firstly, bearing its registration number BR-27GA4658 belonging to petitioner no. 1 and secondly Truck bearing registration number BR27GA6729 belonging to petitioner no. 2, which have 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 BR-27GA4658 and BR27GA6729;
(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 petitioners submits that the Department of Mines, which has seized the vehicles of the petitioners bearing Registration Nos. BR27-GA4658 and BR27-GA6729, respectively, 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 amount of Rs. 9,12,883/- for the truck bearing Registration No. BR27-GA4658 and Rs. 9,37,323/- for the truck bearing Registration No. BR27-GA6729 as compounding fees/cost of the stone chips (Gitti). The learned counsel further submits that the petitioners do not want to press other reliefs, but they are ready and willing to pay the penalty amounts in easy installments without prejudice to their rights. The learned counsel further submits that after payment of the first installment for each vehicle, the vehicles of the petitioners may be released in their favour. The learned counsel further submits that once the total penalty amounts are paid, the Department of Mines may be directed to compound the offence and withdraw the case(s) filed against the petitioners.
Learned counsel appearing on behalf of Department of Mines objects to the petitioners making payment in installments and submits that the petitioners 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 petitioners fail 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 the vehicles of the petitioners, bearing Registration Nos. BR27-GA4658 and BR27-GA6729,respectively, in their favour, on payment of penalty amounts of Rs. 9,12,883/- and Rs. 9,37,323/- respectively, in eleven monthly installments. The first installment would be Rs. 1,12,883/- for vehicle No. BR27-GA4658 and Rs. 1,37,323/- for vehicle No. BR27-GA6729 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 in favour of the petitioners after payment of first installments of Rs.1,12,883/- and Rs.1,37,323/- for the respective vehicles in question 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 petitioners shall furnish all the necessary papers/documents of ownership and security bonds/indemnity bonds (not bank guarantee) equal to Insured Declared Value (IDV) of the respective vehicles in question as on date to the satisfaction of the concerned/competent authority, subject to the following condition:
The petitioners 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 petitioners fail to deposit the installments in terms of the present order, the respondents are at liberty to take possession of the trucks and proceed in the matter in accordance with law. It is further made clear that when the total penalty amounts of Rs. 9,12,883/- and Rs. 9,37,323/- 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.