DINESHBHAI KARSHANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned AGP waives service of rule on behalf of respondent State.

(2.) The issue involved in the present petition under Article 226 of the Constitution of India concerns the authority of the investigating agency to detain seized property in its custody beyond the specified period without following provisions contained in Rule 12(2)(b)(ii) of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rule, 2017 (As amended in 2019) (for short "the said Rules") when any person does not take recourse under Rule 12(1)(a) or file compounding application.

(3.) As such, aforesaid short issue is already deliberated in Zaverbhai Nanubhai Devani v/s. State of Gujarat in Letters Patent Appeal No.397 of 2018 in Special Civil Application No.3862 of 2018 decided on 18.04.2018 (under unamended rules) and also decision rendered by the Co-ordinate Bench in Special Civil Application No.9203 of 2020 decided on 26.08.2020 (under amended rules), present petition is taken up for final hearing.