GHELABHAI JAGMALBHAI OAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Following relief is prayed in this petition:

(2.) The vehicle of the petitioner has been seized purportedly under Rule 12 of the Gujarat Minerals ( Prevention of illegal Mining, Transportation and Storage) Rules, 2017 ( for short 'the Rules') and by impugned order the petitioner is called upon to bear an aggregate of Rs. 4,15,457/- as compounding fees under various heads.

(3.) On Consideration of the rival submissions, it appears that the respondent suffers from even elementary knowledge as regards the scope of his authority under Rule 12 and has passed a final order asking the petitioner to compound the offence even in absence of the required application by the petitioner as clearly contemplated in Rule 12 itself as also held by this court in number of cases that in absence of application for compounding, no power can be exercised compelling the persons from whom the property is seized to compound the offence.