Gujarat HC Orders Release Of Truck Seized Over Alleged Sand Transport Without Permit, Against 1.5-Times-Value Bond

In brief

The question

1. Whether the seized truck could be released pending proceedings concerning its alleged use in transporting sand without a pass or permit.

The court held

The petition was allowed, and the concerned Trial Court or authority was directed to release the truck upon the petitioner furnishing a solvent surety and personal bond for 1.5 times its value, undertaking not to transfer it until final disposal of the trial, and agreeing to produce it when directed; the order further provided that the vehicle would stand confiscated in the event of a subsequent offence.

It also directed

Before release, the police were directed to photograph the vehicle from all sides and prepare a panchnama, with both to form part of the charge-sheet papers.

A copy of the order was also to be sent to the registering RTO to record the restraint on transfer, subject to any contrary order of the Trial Court.

01Facts

The petitioner sought release of his truck, registration No. GJ-10-TY-6100, seized by the Royalty Inspector, Department of Geology and Mining, Ahmedabad, under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the Mines and Minerals (Development and Regulation) Act, 1957.

p. 1

The prosecution alleged that the truck was carrying ordinary sand without a pass or permit.

p. 2

The petitioner invoked the Court’s constitutional jurisdiction and relied on Sunderbhai Ambalal Desai v. State of Gujarat; the State objected by reference to the confiscation provisions but did not dispute the Court’s power to order release.

pp. 2–3

02Issues

i.1. Whether the seized truck could be released pending proceedings concerning its alleged use in transporting sand without a pass or permit.

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ii.2. Whether release should be made subject to conditions securing the vehicle’s preservation and production when required.

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03Law Applied

The Court considered its jurisdiction under Articles 226 and 227 of the Constitution, alongside the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the Mines and Minerals (Development and Regulation) Act, 1957, under which the vehicle had been seized.

pp. 1–2

Relying on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Court applied the principle that seized vehicles should not be left unused to deteriorate and may be released on appropriate bonds, guarantees, and security to ensure their return if required.

p. 3

It also referred to the coordinate Bench decisions in Musa Khan Jat v. State of Gujarat and Jhala Ghanshyamsingh Mobatsingh v. State of Gujarat, 2018 (2) GLR 1516, concerning release of vehicles under Articles 226 and 227.

p. 2

04Reasoning

The Court accepted that its constitutional powers could be exercised to release the truck notwithstanding the State’s reliance on the statutory confiscation provisions; the APP did not dispute that power.

p. 2

Applying Sunderbhai, the Court considered that retaining a seized vehicle for a prolonged period risked its deterioration and ordered release subject to security and safeguards to ensure the truck’s availability and prevent its transfer pending trial.

pp. 3–4

05Holding

p. 3

Before release, the police were directed to photograph the vehicle from all sides and prepare a panchnama, with both to form part of the charge-sheet papers.

p. 4

A copy of the order was also to be sent to the registering RTO to record the restraint on transfer, subject to any contrary order of the Trial Court.

p. 4

LawLens.Gujarat High Court

Original Court PDF