HIRANI JAYANTIBHAI THAKARSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A prayer was made before the learned Chief Judicial Magistrate, Botad under Sec. 451 of the Criminal Procedure Code, 1973 ( CrPC ) for interim custody of the Tractor bearing registration No. GJ-33-B-5323, having Chassis No. MBNABAEGKKJK02620, Engine No. NKK2EMJ0420 and the Trailer, bearing registration No. GJ-33-T-1172 having Chassis No. JKAI7082017, seized in connection with the FIR being C.R. No. 11190002230407 of 2023, registered with the Botad Police Station for the offence punishable under Sec. 379 of the Indian Penal Code, 1860 ( IPC ) and Ss. 3 and 12 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, 2016, 2017 and Ss. 4(1) , 4(1)(a) and 21 of the Mines and Mineral (Development and Regulation) Act , 1957 (MMRD Act), which came to be rejected vide order dtd. 19/6/2023.

(2.) The FIR was lodged on the ground that the vehicle was found transporting 4 metric ton Black trap (Kapachi). The learned advocate for the applicant, referring to the FIR, submitted that the mines is valued at Rs.45,180.00 and Rs.45,555.00 respectively in connection with both the vehicles i.e. the Tractor and the Trailer. She states that the prayer was rejected by the learned Chief Judicial Magistrate for handing over the interim custody of the muddamal vehicles. Referring to Rule 22 of the Rules of 2017, the learned advocate for the applicant submitted that the offence would be compoundable and even after the institution of the prosecution, and even if the proceeding before the Magistrate under Sec. 379 IPC is proceeded, then the vehicle, in the physical form, would not be necessary, while the Panchnama to the effect would be sufficient as laid down in the decision in Sunderbhai Ambalal Desai v. State of Gujarat , 2003(1) GLH 307 as the vehicle in open space would lose its value and in unused condition, the vehicle would also not recover the depreciation cost.

(3.) Considering the facts of the case, a reference to the provisions of Sec. 451 of the Code would be apposite, which is as under: