Mandatory Release of Seized Vehicle if No Formal Complaint is Filed Within Stipulated Period

The petitioner’s truck (Registration No. GJ-16-W-8244) was seized by the respondent authorities on December 5, 2025.

The seizure was purportedly conducted under the Mines and Minerals (Development and Regulation) Act, 1957, and the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

The petitioner approached the High Court seeking the release of the vehicle, contending that despite the seizure, the authorities failed to file a formal complaint or issue a show-cause notice within the mandatory stipulated timeframe.

The state Geologist confirmed that no FIR had been registered against the petitioner.

1. Whether the respondent authorities are entitled to continue the seizure of the petitioner's vehicle in the absence of a written complaint filed before the competent court within the period stipulated under the Rules.

The court applied the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, read with the parent Mines and Minerals (Development and Regulation) Act, 1957.

The court reaffirmed the principle that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce seized property within the period stipulated by the Rules.

If this procedural mandate is not met, the purpose of the seizure and the demand for a bank guarantee are legally frustrated, requiring the unconditional release of the property.

The court found that the authorities had held the vehicle since December 2025 without initiating formal legal proceedings.

By comparing these facts to established judicial precedents (specifically Special Civil Application No. 9203 of 2020), the court reasoned that the failure of the respondent to file a complaint within the stipulated period rendered the continued detention of the vehicle unauthorized.

The court noted that in the absence of such a complaint, the government loses its authority to demand conditions like a bank guarantee for the release of the vehicle, as the legal basis for the detention has expired.

The court allowed the petition and directed the concerned authority to forthwith release the petitioner's vehicle, clarifying that this order is limited to the release of the vehicle and does not preclude the officers from initiating other legal proceedings in accordance with the law.