RAMESHBHAI MANSINGBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India petitioner has prayed that the respondent authority be directed to release the vehicle in question i.e. TATA Hitachi Hyd. Excavator Model EX-110 having Sr. No. 1101-5712 which has been seized pursuant to the seizure memo dtd. 27/12/2020.

(2.) Heard learned advocate Ms. Kruti Shah for the petitioner and Learned AGP Ms. Dharitri Pancholi for the respondent authority.

(3.) It is submitted that the petitioner is owner of the vehicle i.e. TATA Hitachi Hyd. Excavator Model EX-110 having Sr. No. 1101-5712 as he has purchased the same by the sale agreement dtd. 17/12/2019 from Siddhrajsinh G. Barad administrator of Siddhraj Projects Pvt. Ltd. Copy of the invoice of the purchase of the said machine and subsequent agreement in favor of the petitioner is produced at Annexure-A of the present petition. On 27/12/2020, the vehicle of the petitioner was seized by Mines Supervisor, Vadodara by issuing seizure memo without specifying any details of so called illegal mining. The petitioner states that one Rojkam was prepared by which the statement of the petitioner was written by Mines Supervisor Vadodara and Chhotaudepur by which he was forced to admit that he has undertaken illegal mining in respect of 15 to 20 vehicles and one Panchkam was also prepared by stating that he has undertaken illegal mining activities for last two days and one panchkam was prepared on next date i.e. on 28/12/2020 in which the panchas have stated that they are not aware who had undertaken the illegal mining activities from the area in question. It is further submitted that the vehicle in question was seized by issuing seizure memo under the provisions of the Rules.