Madhya Pradesh High Court
Dharmendra Singh Sikarwar vs The State Of Madhya Pradesh on 19 July, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 W.P.9482.2021
The High Court of Madhya Pradesh
Bench at Gwalior
WP.9482.2021
(Dharmendra Singh Sikarwar Vs. State of M.P. & Ors.)
Gwalior, dated;19.07.2021
Shri S.S. Rawat, learned counsel for petitioner.
Shri Ankur Modi, learned Additional Advocate General for
respondents/State.
Heard through video conferencing.
Challenge in this petition is to the order dated 05.05.2021 passed by Collector (Mining Branch), District Ashoknagar (M.P.) by which vehicle in question i.e. Dumper bearing registration No.UP-75-M-5638 belonging to the petitioner has been confiscated with the direction to the petitioner to hand over the possession of the vehicle.
Pertinently, this Court by an interim order dated 30.06.2021 has allowed the petitioner to retain possession of the said vehicle on furnishing security of Rs.10,00,000/-.
The ground taken in this case in support of challenge is that after seizure of vehicle on 08.01.2021 on being involved in illegal transportation of sand, the vehicle was kept in custody of the police. Thereafter, the petitioner in terms of provisions of Rule 20(2) of M.P. Sand (Mining Transportation, Storage and Trading) Rules, 2019 paid penalty of Rs.33,000/- and the mining offence was closed which is evident from P/4, dated 20.01.2021 with direction to hand over the possession of vehicle in question to the 2 W.P.9482.2021 petitioner.
It is not disputed that custody of vehicle in question continues to be in possession of petitioner till date.
In the backdrop of aforesaid facts, the ground taken is that once mining offence was concluded by way of payment of penalty/compounding, the same cannot be reopened merely on the strength of interim order dated 18.09.2020 passed in PIL bearing W.P. No.7695/2015 (vide P/8).
The aforesaid question is no more res-integra in view of the common judgment dated 07.07.2021 passed in bunch of petitions including W.P. No.9484/202021 (Hanumant Singh Lodhi Vs. State of M.P. & Ors.) where similar orders of confiscation as impugned herein were quashed on the ground that once the mining offence of illegal transportation stands closed and concluded by payment of penalty/compounding, the same cannot be reopened on the strength of the interim order dated dated 18.09.2020 passed in PIL W.P. No.7695/2015.
The order dated 07.07.2021 passed in similar cases shall apply mutatis mutandis for disposal of present petition.
Accordingly, present petition is allowed and impugned order dated 05.05.2021 passed by Collector (Mining Branch), District Ashoknagar (M.P.) is quashed.
The petitioner is entitled to retain the custody of the vehicle and the security furnished pursuant to the interim order passed by this Court stands discharged.
3 W.P.9482.2021 However, retention of vehicle in question by petitioner shall remain subject to final outcome of the criminal prosecution arising out of the same incident.
(Sheel Nagu) (Deepak Kumar Agarwal)
Judge Judge
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VIPIN KUMAR
AGRAHARI
2021.07.23
18:37:20 +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'