JHALA GHANSHYAMSINGH MOBATSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs:

(2.) It appears from the materials on record that the applicant herein is the registered owner of a ASHOK LEYLAND TRUCK (Dumper) bearing registration No.GJ23Y6766. This truck came to be seized in connection with a mining case registered at the Limdi Police Station, District: Surendranagar vide IC. R. No.76 of 2017 for the offence punishable under Sections 379 read with 114 of the Indian Penal Code and Sections 4(1) and 4(1)(A) and 21 of the Mines and Minerals (Regulation and Development) Act and Rules 3, 5, 8, 13 and 17 of the Gujarat Mines (Prevention of Illegal Mining Transportation and Storage) Rules.

(3.) As the vehicle in question came to be seized by the police in connection with the F.I.R. referred to above, the applicant being the registered owner, preferred an application under Section 451 of the Code of Criminal Procedure, 1973 for the interim release. The Magistrate rejected the application. Thereafter, the applicant herein filed a revision application before the Sessions Court. The revision application also came to be rejected.