Sunderbha1 Ambalal Desai vs State Of Gujarat on 1 October, 2002
25. This Court, on a careful examination of the precedent laws in
an intricate manner, finds that the precedent laws of Sunderbhai
Ambalal Desai & Ors. Vs. State of Gujarat (supra) and
Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam
Singh (supra), as laid down by the Hon'ble Supreme Court, shall
govern the field, and thus, the vehicles seized under the mining
law and the forest law, shall be released, upon charging the
compensation/compounding fee or without charging the
compensation/compounding fee, only and only, if the confiscation
proceedings in regard thereto have not been initiated by the State
authorities. It is to be noted that both mining and the forest laws
have the provisions for confiscation proceedings.