SURENDRA KUMAR SHIVHARE Vs. STATE OF M P

JUDGEMENT

(1.) The instant petition filed u/Art.226 of the Constitution assails Annexure-P/1 dated 27/7/2020 passed by respondent No.2- Collector, Guna by which while exercising power u/Rule 20(2) of M.P. Sand (Mining, Transportation Storage and Trading) Rule, 2019 (for brevity 2019 Rules ), respondent No.2 confiscated the seized vehicle (Truck bearing registration No.MP33-H-1610) and minerals of petitioner and also imposed penalty of Rs. 50,000/-for having indulged in illegal mining and transportation of sand.

(2.) Briefly stated facts of the case are that petitioner is the registered owner of the vehicle in question which was seized in connection with illegal mining and transportation of dust of Gitti (boulders) on 21/7/2020 and offence was registered u/Ss. 379, 414 IPC & Ss. 4(A), 21 (1) of the Mines & Minerals (Development and Regulation) Act, 1957.

(3.) Following two questions arise in this case for consideration of this court:-