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Jammu & Kashmir High Court

Ashish Sharma And Anr. vs State Of J&K; And Ors. on 7 December, 2018

Bench: Chief Justice, Tashi Rabstan

 Serial No.11
Suppl. List-01
                             HIGH COURT OF JAMMU AND KASHMIR
                                         AT JAMMU

          IA No. 247/2018, PIL No. 19/2012
          c/w
          PIL No. 07/2014, IA Nos. 02/2017, 62/2014 & 01/2016
          OWP No. 1133/2018, IA Nos. 01/2018, 02/2018 & 03/2018.
          PIL No. 27/2014, IA No. 195/2014
                                                                              Date of order: 07.12.2018

          Ashish Sharma and anr.                           vs.   State of J&K and ors.

          Coram:
                 HON'BLE THE CHIEF JUSTICE
                 HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
          Appearance:
          For the petitioner/appellant (s)                : Mr. Achal Sharma, Advocate.
          For the Respondent(s)                           : Mr. F.A Natnoo, AAG

          i)     Whether approved for reporting in                             Yes/No
                 Law journals etc.:
          ii)    Whether approved for publication
                 in press:                                                     Yes/No

This application is filed seeking release of vehicle, that is, Tipper, bearing registration No. JK02CC-4210, Engine No. 4SPCR11CRY615017, Chasis No. MAT505243J8C07932, seized by the police of Police Station, Janipur, Jammu on the ground of violating the order passed by this Court in WPPIL Nos.19/2012, 07/2014 and 27/2014 dated 17.11.2016 as the applicant was extracting minerals (sand) from River Tawi without permission.

Mr Achal Sharma, learned counsel for the applicant submits that the aforesaid vehicle has been seized for the first time for the alleged violation.

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.50,000/- before Registrar Judicial, Jammu with an 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.

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.

                                                (Tashi Rabstan)      (Gita Mittal)
                                                     Judge           Chief Justice
Jammu
07.12.2018
Tarun




IA No. 247/2018 along with connected matters.                      Page 2 of 2