Punjab-Haryana High Court
Alli vs State Of Haryana on 10 September, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc No. M-21304 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc No. M-21304 of 2012 (O&M)
Date of decision : 10.09.2012
Alli ......Petitioner
versus
State of Haryana ...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Sarfaraj Hussain, Advocate
for the petitioner.
Mr. C.S. Bakshi, Addl.A.G. Haryana
****
RITU BAHRI , J. (Oral)
This petition under Section 482 Cr.P.C is for quashing of orders dated 25.05.2012 passed by learned Judicial Magistrate Ist Class Nuh and order dated 04.06.2012 passed by the learned Additional Sessions Judge, Nuh.
F.I.R was registered as the dumpers were involved in the illegal mining stone going on in the area of Mewat.
Learned State counsel has informed the court that the challan has been presented on 03.08.2012.
As per the details given in the F.I.R, 7 vehicles were seized. Learned counsel for the petitioner has referred to order dated 26.04.2012 whereby the vehicle/dumper bearing No HR55-E-1060 was released on superdari and has argued that the case of the petitioner is absolutely at part with that of those vehicles, which were released on superdari. Learned counsel has further Crl. Misc No. M-21304 of 2012 (O&M) -2- submitted that the vehicle in question is a financed vehicle and is the only source of livelihood of the petitioner and his family and if the same is allowed to keep in Police Station, the petitioner will unable to pay the installments of the same.
Learned counsel has submitted that the petitioner filed an application before learned Judicial Magistrate Ist Class Nuh and the same was dismissed vide order dated 25.05.2012 on the ground that the police report as well as Section 21 (4A) of the Mines and Mineral Regulation & Development Act, 1957 bars that the vehicle in question be released on superdari.
Feeling aggrieved, the petitioner preferred a revision before the Additional Sessions Judge, Nuh which was also dismissed, vide order dated 04.06.2012.
Reference has been made to a Supreme Court order dated 16.04.2012 whereby Hon'ble the Supreme Court is monitoring the blatant violation of the Aravali notification where the trees are cut without any permission and illegal mining was going in the above said area and no concrete action has been taken by the authorities concerned despite various orders by Apex Court. Hon'ble the Supreme Court was constrained to observe that prima facie it appears that Govt. Machinery has failed to control the illegal mining going on in that area and mining mafias writ now runs in the District of Mewat and other areas of Haryana. Thereafter, Hon'ble the Supreme Court directed the above mentioned officers to see that the illegal mining going on in the areas mentioned in the CEC's report be stopped and the transportation of the illegal material mined be sized forthwith and to report compliance within a period of Crl. Misc No. M-21304 of 2012 (O&M) -3- two weeks from today. They should also ensure that all illegal functioning crusher units be dismantled as the illegally mined material be confiscated forthwith Learned State counsel on the other hand has opposed the prayer made by the petitioner for release of superdari on the ground that the challan has already been presented and the matter is being monitored by Hon'ble the Supreme Court. He has further referred to Section 21 (4A) of the Mines and Mineral Regulation & Development Act, 1957 which reads as under:-
21 (4-A). Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court After presentation of the challan, the trial is likely to take some time to conclude and the final order can be passed once the trial is concluded and till that time, if the vehicle is allowed to keep in Police Station, it would not serve any purpose.
Reference has been made to a judgment of Hon'ble the Supreme Court in a case of Sunderbhai Ambalal Desai vs. State of Gujarat, 2003(1) R.C.R. (Criminal) 380. Reference has further been made to the judgments passed by this Court in cases of Balbir Singh @ Fauji vs. State of Punjab, 2010(1) R.C.R. (Criminal) 908 and Dalbir @ Pappu @ Dara vs. State of Haryana, 2012(2) R.C.R. (Criminal) 495 where dealing with the provisions of Section 451 and 457 of Cr.P.C, this Court has subsequently held that even if the vehicle has Crl. Misc No. M-21304 of 2012 (O&M) -4- been confiscated in F.I.R under the NDPS Act and the trial is likely to take some time, no useful purpose would be served by keeping the vehicle parked in the premises of Police Station. Petitioner can always be put to terms by the Court while releasing the vehicle on superdari. Petitioner shall be under legal obligation to comply with the said conditions.
Applying the ratio of the above said judgments, orders dated 25.05.2012 passed by learned Judicial Magistrate Ist Class Nuh and order dated 04.06.2012 passed by the learned Additional Sessions Judge, Nuh are set aside and a direction is given to the trial Court to release the vehicle bearing No. HR 74-A- 0319 on superdari subject to the conditions imposed while releasing the vehicles bearing Nos. HR-55-M 6036 and HR-55-E 1060 on superdari.
Accordingly, the present petition is allowed.
September 10, 2012 (RITU BAHRI) G.Arora JUDGE