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2020 DIGILAW 1158 (MP)

Rajveer Singh v. State Of Madhya Pradesh

2020-10-23

RAJEEV KUMAR SHRIVASTAVA

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JUDGMENT Rajeev Kumar Shrivastava, J. - This petition has been filed under Section 482 of Code of Criminal Procedure (for brevity "CrPC" ), against the order dated 6/8/2020 passed by Additional Sessions Judge, Mehgaon, District Bhind in Criminal Revision No.27/2020; whereby, the order dated 27/7/2020 passed by Judicial Magistrate First Class (for brevity "JMFC" ), Mehgaon District Bhind has been affirmed and the application filed by the petitioner under Sections 451 and 457 of Cr.PC has been rejected. By said application, the petitioner has prayed for custody of seized vehicle on supurdgi. 2. The facts of the case, in brief, are that the Police Station Mehgaon, District Bhind in connection with Crime No.267/2020 had seized the tractor bearing registration No.MP06-AB-4276 along-with trolley, which was involved in transportion of sand without having any royalty receipt. The petitioner has filed an application under Sections 451 and 457 of CrPC before the JMFC, Mehgaon, District Bhind for releasing the vehicle in question on supurdgi. The JMFC, Mehgaon, District Bhind dismissed the application. Aggrieved by the order passed by the JMFC, the petitioner preferred a Criminal Revision before the Additional Sessions Judge, Mehgaon, District Bhind which also met with the same fate. Hence, this petition under Section 482 of CrPC has been filed by the petitioner. 3. Learned counsel for the petitioner submits that the Courts below have rejected the application mainly on the ground that the Collector of the District had not started confiscation proceedings under Rule 53 of Madhya Pradesh Minor Mineral Rules, 1996 (for brevity "the Rules of 1996" ). The Collector was having power under Rule 53(3)(a) of the Rules of 1996 to impose penalty and unless the penalty so imposed is deposited, the seized vehicle cannot be released on supurdgi. Learned counsel for the petitioner further submits that there is no proceeding pending unde Rule 53 of the Rules of 1996. The offending vehicle was seized in connection with the offence under Sections 379 and 414 of Indian Penal Code. If the seized vehicle is permitted to be kept in the police station for indefinite period then the vehicle may loose its utility and it's parts are likely to be damaged. Therefore, there is no use to keep such sezied vehicle at the police station for a long period. 4. If the seized vehicle is permitted to be kept in the police station for indefinite period then the vehicle may loose its utility and it's parts are likely to be damaged. Therefore, there is no use to keep such sezied vehicle at the police station for a long period. 4. Per contra, learend Panel Lawyer for the respondent/State has opposed the submissions and has submitted that against the seized vehicle, cofiscation proceedings have been started and are pending in compliance of order of the Collector (Mines Branch) Bhind vide letter No.Q/08/Khanij/2020/508, Bhind dated 31/7/2020. Hence, prayed for dismissal of the present petition. 5. Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the available record. 6. Rule 53 of the Rules of 1996 reads as under:- "53. Penalty for un-authorised extraction and transportation.- [(1) Whenever any person is found extracting or transporting minerals or on whose behalf such extraction of transportation is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal extraction of minerals and every such persen shall be punishable with simple imprisonment for a maximum term of three months which may extend to two years or with fine which may extend to fifty thousand rupees or with both.] (2) Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rules the Collector/Additional Collector/Joint Director/Deputy Director/ Mining Officer/Assistant Mining Officer, or any Officer Authorised by him or Zila/Janpad/[Gram Sabha) may seize the minor minerals and its products together with all tools, equipments and vehicle used in committing such offence. (3) The officer seizing illegally extracted or transported mineral or its product, tools, equipments and vehicles shall give a receipt of the same to the person from whose possession such things were to seized and shall make report the Magistrate having jurisdiction to try such offence. (4) The property so sezied under sub-rule (2) may be released by the officer who seized such property on execution of a bond to the satisfaction of the officer by the person from whose possession such property was seized. It shall be produced at the time and at the place when such production is asked for by such officer. (4) The property so sezied under sub-rule (2) may be released by the officer who seized such property on execution of a bond to the satisfaction of the officer by the person from whose possession such property was seized. It shall be produced at the time and at the place when such production is asked for by such officer. Provided that where a report has been made to the Magistrate under sub-rule (3) then the seized property shall be released only under the order of such Magistrate. (5) The Collector/Additional Collector/Joint Director/Deputy Director/Mining Officer, [Officer in-charge, mining section, Officer in-charge, flying squad] or Officer authorised by Zila/Janpad [Gram Sabha] may either before or after the institution may either before or after the institution of the prosecution, compound the offences so committed under sub-rule (1) on payment of such fine which may extend to [ten times of the market value] of mineral no extracted but in no case it will be less than rupees one thousand or [twenty times of royalty] of minerals so extracted whichever is higher: Provided that in case of continuing contravention Collector/Additional Collector/Deputy Director/Mining Officer in addition to the fine imposed may also recover an amount of Rs.500/- for each day till such contravention continues. (6) Any person who trespasses on any land in contravention of these rules, such trespasser may be served with an order of eviction by the Collector/Additional Collector. (7) All property seized under sub-rule (2) shall be liable to be confiscated by an order of the Magistrate trying the offence if the amount of the fine and other sums imposed are not paid within a period of one month from the date of the order: Provided that on payment of such sum within one month of the order all property so seized except the mineral or its products shall be released and the mineral or its products so seized under sub-rule (2) shall be confiscated and shall be the property of the State Government. (8) The authorities employed to take action under this rule may deem necessary, request to the police authority in writing for the help of police and the police authorities shall render such assistance as may be necessary to enable the officer to exercise the powers conferred on them by this rule to stop illegal extraction and transportation of minerals. (8) The authorities employed to take action under this rule may deem necessary, request to the police authority in writing for the help of police and the police authorities shall render such assistance as may be necessary to enable the officer to exercise the powers conferred on them by this rule to stop illegal extraction and transportation of minerals. (9)(i) Subject to such conditions as may be specified, the Collector/Additional Collector may authorise either generally or in respect of particular case or class of cases any officer not below the rank of Assistant Mining Officer to investigate all or any offence punishable under this rule. (ii) Every officer so authorised shall in conduct of such investigation exercise the powers conferred upon the officer-in-charge of a police station by the Code of Criminal Procedure for the investigation of a cognizable offence. (iii) The investigation officer for the purposes of this rule shall exercise the powers of the Code of Civil Procedure in respect of the following matters:- (a) Enforcing the attendance of any person and examining him on oath or affirmation. (b) Completing production of documents." 7. On perusal of the aforesaid Rule, it is apparent that unless the proceedings under Rule 53 of the Rules of 1996 are completed, the seized vehicle cannot be released. [see: Rajkumar Sahu vs. State of M.P. & Others, (2019) 2 MPLJ 438 ] 8. In view of the aforesaid disucssion, and considering the fact that the confiscation proceedings have been started and are still pending before the Colletor (Mines Branch), Bhind, in my considered view, the Courts below have rightly passed the impugned order. 9. Consequently, the present petition filed by the petitioner under Section 482 of Cr.PC sans merit and is hereby dismissed. A copy of this order be sent to the trial Court concerned for information.