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Question (iii) ( regarding bar on release of vehicle on "superdari" ):

30. The learned counsel for petitioners argued that the vehicles belonging to the petitioner are lying at the Police Station since last several months which is contrary to the directions issued by the Supreme Court in Sundarbhai Amba Lal Desai v. State of Gujarat - (2002) 10 SCC 283, in which it has been held that the powers under Section 451 Cr.P.C., 1973 should be exercised expeditiously for release of vehicles on 'superdari'.
32. The learned State counsel has vehemently argued that once release of vehicles and superdari has been specifically prohibited by NGT, the Courts cannot go against the mandate of NGT by releasing the vehicle on "superdari". The learned counsel, in order to hammer forth his aforesaid submission, has referred to order dated 19.2.2020(Annexure R-1) passed by NGT in modification of earlier directions issued on 5.4.2019. As per order dated 5.4.2019, an amount equal to 50% of show-room value of seized vehicle was required to be deposited as penalty for release of such vehicle. However vide order dated 19.2.2020, the said amount was reduced. Para 5 of the said order wherein different slabs of penalty amount have been prescribed for release of seized vehicles on the basis of their value and age is reproduced hereinunder:

38. From perusal of judgements rendered by Hon'ble Supreme Court in Uday Singh's case(supra) and Sujit Kumar Rana's case(supra) and also Madhukar Rao's case(supra), it is borne out that it is the specific provision of the Rules which holds the key to the question of there being any bar or 26 of 33 ( 27 ) CRM-M-23190-2020 CRM-M-36757-2020 not to release of vehicle on 'superdari'. The Mining Rules 2012, however, do not contain any such provision from which it could be inferred that jurisdiction of Courts is ousted or that there is any specific bar against release of a vehicle on "superdari".

40. The legal position regarding application of section 451 Cr.P.C., being well settled, the question regarding release of a vehicle seized under provisions of MMDR or under the rules framed therein i.e. Mining Rules 2012, on "superdari", or as regards there being any bar to such release also needs to be examined in context of the stage at which release of vehicle on "superdari" is sought. The following stages after seizure could be visualized:

(i) Immediately after seizure of vehicle but before any intimation regarding such seizure is sent to Court or before lodging of FIR/complaint by authorities concerned;