AWDHESH TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Jitendra Prasad Mishra, learned Counsel for revisionist and learned A.G.A.

(2.) SECTION 21(4) of the Act provides that whenever any person raises, transports or caused to be raised or transported, without any lawful authority, any mineral from any land and for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral, tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. Sub -section (4 -A) provides that anything seized under sub -section (4), shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence under sub -section (1) and shall be disposed of in accordance with the directions of such Court. Similarly, section 22 relates to cognizance of offences, which provides that no Court shall take cognizance of any offence punishable under this Act or any Rules made thereunder except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government.

(3.) ANALYZING sub -sections (4) and (4 -A) of section 21 of the Act, position which emerges is that upon a seizure of a tool, equipment, vehicle, etc. being reported by an officer or an authority empowered under the Act, the tool, equipment, vehicle, etc. are not only liable to be confiscated by an order of the Court which is competent to take cognizance of the offence, but the same (articles/things) shall also be disposed of in accordance with the directions of such Courts.