RAJUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.Rashesh Rindani, learned Assistant Government Pleader waives service of notice of RULE on behalf of the respondents. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided, today.

(2.) BY filing the present petition under Article-226 of the Constitution of India, the petitioner has prayed, inter-alia, for issuance of directions to respondent No.3 to decide the representation made by him on 07.07.2011, for release of his vehicle, under the provisions of Rule-18 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 (?the Rules?, for short).

(3.) RULE-18 of the RULEs reads as under : 18. Power to release property seized on bonds.- The authorised officer or who has seized any vehicles or other conveyance under RULE 13 and where a report of such seizure has been made to the officers authorised by Commissioner under sub-rule (3) of that rule may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the officers authorized by the Commissioner having jurisdiction to try the offence on account of such seizure has been made.?