HC orders release of seized mining vehicles over legal lapses

Dehradun: Uttarakhand high court has directed the competent authority in Bageshwar district to release heavy vehicles seized for mining activities after observing that the seizures lacked legal support under specific mining laws.A single bench of Justice Alok Mahara on Monday was hearing a petition filed by vehicle owners Deep Joshi and others, stating that neither the officer concerned nor the district magistrate filed any complaint against them regarding the illegal transportation of minor minerals under the Uttarakhand Minor Minerals (Concession) Rule, 2023, or the Mines and Minerals (Development and Regulation) Act, 1957.
"The failure to comply with section 106 BNSS (production of seized property before a magistrate) and section 23 BNSS (proper custody and disposal) further vitiates the process," the HC stated, while setting aside the orders of the lower courts, which had rejected the pleas for release of the vehicles.The case dates back to March 17 last year, when an FIR was registered at Kapkot police station in Bageshwar under sections of BNS and the Mines and Minerals (Development and Regulation) Act, 1957. Following an investigation, 48 vehicles were seized in March and April. The applicants filed applications seeking release of the vehicles, which were rejected by the chief judicial magistrate and sessions judge in Bageshwar on April 28 and July 25.The petitioners contended that the vehicles were seized without any prior complaint and argued that the mandatory requirement of presenting the seized vehicles before the jurisdictional magistrate under section 106 BNSS was not followed, thereby violating section 23 BNSS. The applicants submitted that they were completely dependent on these vehicles for their livelihood and had taken bank loans to purchase them. They added that the vehicles were illegally kept in the open near the police station for almost a year, and had started to rust.Counsel for the petitioners also cited the 2002 Supreme Court decision in the Sunderbhai Ambalal Desai vs State of Gujarat case, which observed that keeping seized vehicles at police stations for a long time serves no purpose and only causes them to deteriorate or lose value.The state's counsel argued that a division bench of the HC had ordered the halt of all mining operations in Bageshwar district on Jan 6 last year. Despite this, Ishtdev Stone Crusher in Golna, Kapkot, continued mining operations using forged e-Ravanas portal to transport minor minerals. He also stated that based on a complaint filed on March 17, 48 vehicles were seized after they were found to be involved in illegal transportation of minor minerals.After reviewing the records, the HC found that no separate FIR was registered targeting the seized vehicles, nor was any complaint filed with the competent authority. The court stated that such seizures lacked legal support under specific mining laws, making them prima facie invalid. It also observed that the principles of Sunderbhai Ambalal Desai were fully applicable. "The process is further vitiated by the non-compliance of BNSS sections 106 and 23," the court stated.The court directed the competent authority to release the vehicles after the owners gave an undertaking that they would produce the vehicles whenever required during an investigation and would fully cooperate with the authorities.