PAMARTHI KIRAN KUMAR Vs. STATE REP

JUDGEMENT

(1.) The sum and substance of the issue involved in this Writ Petition is with regard to the seizure of vehicle alleged to be involved in the illegal transportation of sand and sand quarry in the river.

(2.) The Madurai Bench of this Court has passed two orders, one in W.P.(MD) Nos.22023 to 22026 of 2018 etc, batch, dated 29.10.2018 and another in W.P.(MD).No.19936 of 2017 etc batch, dated 29.10.2018, imposing certain conditions, including conditions for release of vehicles.

(3.) In the first order stated above, dated 29.10.2018 passed in W.P.(MD).Nos.22023 to 22026 of 2018 etc batch, one of the conditions is that the lorry owners will have to deposit a sum of Rs.50,000/- before the Tahsildar concerned as non-refundable deposit, so that the concerned Authority can consider the request of the petitioners for releasing the seized vehicles. Further, the Division Bench of this Court directed the Tahsildar concerned to file a private complaint in terms of Section 21 of the Mines and Minerals (Development and Regulation) Act , 1957, before the jurisdictional Court within a period of one week from the date of receipt of a copy of the said order. The Division Bench further observed that the observation will apply to those cases, where FIRs have been registered by the jurisdictional police for the offences under Section 379 IPC, in which case, the vehicles will be produced before the jurisdictional Magistrate. In such cases, the jurisdictional Tahsildars, on receipt of the same, shall file private complaint for the alleged violation under the Mines and Minerals (Development and Regulation) Act , 1957. The Police concerned will have to give such due intimation, within a period of one week. The petitioners therein were directed to produce the vehicles before the trial court as and when required.