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2018 DIGILAW 21 (JK)

Ashish Sharma v. State of J&K

2018-01-29

RAMALINGAM SUDHAKAR, TASHI RABSTAN

body2018
JUDGMENT : 1. This application is filed seeking release of vehicle, that is, TIPPER bearing registration No. JK02AV-3478 seized by the police of Police Post of Beli Charana, Jammu on 09.01.2018 on the ground of violating the order passed by this Court in WPPIL Nos. 19/2012, 07/2014 and 27/2014 on 17.11.2016, as the applicant was extracting Sand and Bajree crushed from River Tawi without permission and after loading was running away. 2. Mr. Rohit Bharti, learned counsel for the applicant submits that the aforesaid vehicle has been seized for the first time for the alleged violation. 3. Considering the said plea and by consent of the parties, the aforesaid vehicle is ordered to be released in favour of the registered owner of the vehicle, subject to deposit of Rs. 20,000/-(Rupees Twenty Thousand only) before Registrar Judicial, Jammu with an under undertaking that the aforesaid vehicle has been seized for the first time for the alleged violation and will not be used in future for such kind of violation and in case, the vehicle is seized for the second time for such kind of violation, this Court may take a serious view of the matter and may not be inclined to release the vehicle. 4. It is made clear that the jurisdictional Court having received the challan shall decide the same on merits and the amount now ordered to be deposited would be refunded in case the applicant is acquitted of the charge/charges. 5. The application shall stand disposed of in terms as above. MP No. 04/2018 In WPPIL No.19/2012 1. This application is filed seeking release of vehicle, that is, Sawraj-735 bearing registration No. JK21B-9491, seized by the police of Police Post Phallian Mandal, Jammu on 10.01.2018 under Challan No. 991127 on the ground of violating the order passed by this Court in WPPIL Nos. 19/2012, 07/2014 and 27/2014 on 17.11.2016, as the applicant was extracting Sand from River Tawi Bed without permission. 2. Mr. Kamal Mangotra, learned counsel for the applicant submits that the aforesaid vehicle has been seized for the first time for the alleged violation. 3. Considering the said plea and by consent of the parties, the aforesaid vehicle is ordered to be released in favour of the registered owner of the vehicle, subject to deposit of 4. Rs. 2. Mr. Kamal Mangotra, learned counsel for the applicant submits that the aforesaid vehicle has been seized for the first time for the alleged violation. 3. Considering the said plea and by consent of the parties, the aforesaid vehicle is ordered to be released in favour of the registered owner of the vehicle, subject to deposit of 4. Rs. 20,000/-(Rupees Twenty Thousand only) before Registrar Judicial, Jammu with an under undertaking that the aforesaid vehicle has been seized for the first time for the alleged violation and will not be used in future for such kind of violation and in case, the vehicle is seized for the second time for such kind of violation, this Court may take a serious view of the matter and may not be inclined to release the vehicle. 5. It is made clear that the jurisdictional Court having received the challan shall decide the same on merits and the amount now ordered to be deposited would be refunded in case the applicant is acquitted of the charge/charges. 6. The application shall stand disposed of in terms as above. MP No. 06/2018 In WPPIL No.19/2012 Date of order: 29.01.2018 1. This application is filed seeking release of vehicle, that is, Tractor with Trolly bearing registration No. JK02BJ-1210 seized by the police of Police Post Pouni Chak, Jammu on 04.01.2018 under Challan No. 580114 on the ground of violating the order passed by this Court in WPPIL Nos. 19/2012, 07/2014 and 27/2014 on 17.11.2016, as the applicant was running while loaded with minor minerals from Tawi Bed without permission. 2. Mr. Ashwani Kumar, learned counsel for the applicant submits that the aforesaid vehicle has been seized for the first time for the alleged violation. 3. Considering the said plea and by consent of the parties, the aforesaid vehicle is ordered to be released in favour of the registered owner of the vehicle, subject to deposit of Rs. 20,000/-(Rupees Twenty Thousand only) before Registrar Judicial, Jammu with an under undertaking that the aforesaid vehicle has been seized for the first time for the alleged violation and will not be used in future for such kind of violation and in case, the vehicle is seized for the second time for such kind of violation, this Court may take a serious view of the matter and may not be inclined to release the vehicle. 4. 4. It is made clear that the jurisdictional Court having received the challan shall decide the same on merits and the amount now ordered to be deposited would be refunded in case the applicant is acquitted of the charge/charges. 5. The application shall stand disposed of in terms as above.