IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.6709 OF 2019 BETWEEN:
ERAMMA W/O.ANJINAPPA AGED ABOUT 71 YEARS OWNER OF TRACTOR ENGINE NO. E3406236, CHASSIS NO. T053362083HF AND UNNUMBERED SAFFRON COLOUR TRAILER R/O KODI RANGAVVANAHALLY VILLAGE CHITRADURGA TALUK AND DISTRICT-577 001.
(BY SRI.SPOORTHY HEGDE N., ADV.) AND:
THE STATE OF KARNATAKA THROUGH BHARAMASAGARA, P.S. CHITRADURGA REP. BY SPP, HIGH COURT BUILDING BENGALURU-560 001 (BY SRI.R.D.RENUKARADHYA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C TO SET ASIDE THE ORDER OF IMPUGNED ORDER DATED: 23.07.2018 AS ANNEXURE-A PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA IN CR.RP.NO.50/18 THEREBY MODIFYING THE ORDER PASSED BY II ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA IN CR.NO.163/2018 DATED: 19.06.2019 AS ANNEXURE-B BY SET ASIDE THE CONDITION NO.1 AND MODIFY THE ORDER BY RELEASING SEIZED VEHICLE AS ABIDE BY THE CONDITION OTHER CONDITIONS OF TRIAL COURT BY INTERLOUCUTORY APPLICATION FILED BY THE PETITIONER UNDER SECTION 457 OF CODE OF CRIMINAL PROCEDURE AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner.
2. Petitioner is before this Court being aggrieved by the order passed by the Prl. District and Sessions Judge at Chitradurga on the Criminal Revision Petition No.50/2018 in Crime No.163/2018 on the file of II Additional Civil Judge and JMFC., Chitradurga.
3. The vehicle of the petitioner i.e. tractor bearing engine No.E3406236, Chassis No.T053362083HF and unregistered trailer shown in PF No.60/2018 were seized by the Investigating Officer for the offences punishable under the Mines and Minerals (Development and Regulation) Act, 1957 i.e. for illegal mining and transportation of river of sand.
4. That an application came to be preferred before the learned Magistrate and the learned Magistrate was pleased to allow the same subject to the petitioner furnishing bank guarantee for a sum of Rs.6,00,000/- with two sureties for the like sum. Aggrieved by the same, the petitioner approached the Court of Prl. District and Sessions Judge, at Chitradurga in Criminal Revision Petition No.50/2018. The Court of District Judge was pleased to revise the sum of bank guarantee and reduced it to Rs.1,00,000/- along with one surety.
5. In the opinion of this Court, the said order of revision is erroneous as the provisions of Section 21(4A) of The Mines and Minerals (Development and Regulation) Act (for short ‘the Act’), 1957 provides for confiscation of any mineral, tool, equipment and machinery engaged in the commission of the offence as provided under the Act. The courts while exercising its discretion to release the vehicles involved in commission of the offence under the Karnataka Minor Mineral Concession Rules, 1994 has to bear in mind the provisions of Section 21(4A) of the Act which provides for confiscation and shall impose condition which would enable the realization of the value of the machinery or equipment etc., detailed under Section 21(4A) of the Act.
6. In the opinion of this Court, the sum fixed by the Court of the II Additional Civil Judge and JMFC., Chitradurga Dated 19.6.2018 is appropriate and the order in revision reducing the sum of Rs.1,00,000/- is unsustainable. No merits made out.
7. Petition stands dismissed. Copy of this order to be circulated to all Courts vested with the jurisdiction to deal with the offence under The Mines and Minerals (Development and Regulation) Act, 1957 Act and The Karnataka Minor Mineral Concession Rules framed thereunder.
Sd/- JUDGE BS