ABHAYA CHARAN CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) A common question of law is involved in these writ applications and, therefore, they were heard together and are being disposed of by this common judgment.

(2.) Levy of penalty by the Officer-in-Charge of the Police Station in exercise of powers under the provisions of the Mines and Minerals (Regulation and Development Act, 1957 (hereinafter referred to as the "Act") is under challange in these writ applications on the ground that the Officer-in-Charge has no power to levy fine or penalty and the truck having been seized and the amount having been collected forcibly, the said order of levy must be quashed and the amount may be refunded to the petitioner. It is alleged in the writ application that while the vehicle was transporting coal on the relevant date, the same was seized by the Officer-in-Charge of the Police Station alleging that an offence under Section 21 of the Act has been committed and then the impugned levy of penalty was passed forcing the petitioner to deposit the same as a condition precedent for release of the truck. The petitioner thereafter filed some representations to the higher authorities, but not having received any reply from any of them ultimately approached this Court.

(3.) Though the petitioner asserts that it was a levy of fine, but Annexure-2 that has been annexed to the writ petition clearly indicates that the amount in question was in respect of compounding the offence which is permissible under Section 23-A of the Act. Section 23-A of the Act may be extracted herein below in extenso :