SATPAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is directed against the order dated 19.12.2012, passed by the Presiding Officer, Special Environment Court, Faridabad vide which the application for superdari of the tractors alongwith trolleys was dismissed and order dated 24.12.2012, passed by the learned Additional Sessions Judge, Faridabad dismissing the appeal of the petitioners against the order dated 19.12.2012. It is further prayed that the tractors along with trolley be released on superdari during the pendency of the complaint No. 1/2012.

(2.) Learned counsel for the petitioners submits that the petitioners are the registered owners of tractor bearing registration Nos. HR-51-AN- 2747, HR-30/K-5643 and HR-51-AL-0794 alongwith trolleys. It is alleged that the said vehicles were allegedly found carrying ordinary sand from Yamuna River Bed of District Faridabad by the police, and had been parked at the Police Post, Kheri Pul, P.S. Bhupani by the Mining Officer, Faridabad. The vehicles were seized under section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957 ( hereinafter referred to as the Act). He further submitted that the petitioners are the agriculturist and are facing huge losses in the peak season of wheat cutting. According to the learned counsel, the vehicles are lying in the police station for more than 4 months and the same may be released on supardari by taking adequate security.

(3.) Learned State counsel has filed reply by way of affidavit of Assistant Commissioner of Police, Sarai Khawaja, Faridabad and submitted that the petitioners were carrying the sand in their tractor trolleys without any permission or licence from the competent authority, therefore, the vehicles were seized by the police under section 21(4) of the Act. As per the reply, the persons driving the vehicles were not having relevant documents, so they were challaned by the police.