(PER :
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
1. We have heard Ms. Kruti M. Shah, learned counsel appearing for the appellant and Mr. A.N. Shah, learned Assistant Government Pleader appearing for the respondents.
2. Learned counsel for the parties agree that this appeal can be disposed of at the admission stage itself without calling for affidavit-in-reply. In view of the statement made by learned counsel for the parties, we have taken up this appeal for final disposal.
3. The appellant original petitioner is aggrieved by condition No.6 of the order dated 20.12.2012 passed by the Geologist, Surat by which while releasing the Truck of the appellant, Bank Guarantee of Rs.20 Lacs was demanded. The learned Single Judge has considered this question and by his judgment and order dated 18.2.2013 in Special Civil Application No.722 of 2013, modified the said condition and reduced the amount of Bank Guarantee from Rs.20 Lacs to Rs.5 Lacs. Being further aggrieved, the appellant has preferred the present Letters Patent Appeal.
4. We have gone through Rule 18 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005. Rule 18 is extracted below for ready reference :-
"18.
Power to release property seized on bonds :
The authorized officer who has seized any vehicle or other conveyance under rule 13, and where a report of such seizure has been made to the officers authorized by Commissioner under sub rule (3) of that rule may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the officers authorized by the Commissioner having jurisdiction to try the offence on account of such seizure has been made. "
5. From the aforesaid Rule, it is clear that the Authorized Officer can seize any vehicle under Rule 13 and the vehicle can be released on execution of a bond by the person who has committed illegal mining. It is nowhere provided that Bank Guarantee has to be furnished for releasing the vehicle. It is not disputed by learned counsel for the parties that the bond as required has been furnished. In our opinion, the condition imposed by the Authorized Officer of providing Bank Guarantee of Rs.20 Lacs which has been reduced by the learned Single Judge to Rs.5 Lacs is beyond the jurisdiction of the Authorized Officer.
6. This question has been considered by Division Bench of this Court in Letters Patent Appeal No.1168 of 2012 arising out of Special Civil Application No.12145 of 2012 wherein the Division Bench by judgment dated 11.10.2012 has dealt with the same question and imposed three conditions which are extracted below :-
1. The petitioner shall execute a bond, within a period of one week from today, for the production of the vehicle so released, if and when required before the officer authorized by the Commissioner having jurisdiction to try the offence on account of such seizure, to the satisfaction of the authorized officer.
2. The petitioner shall carry on his business of transport strictly in accordance with the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, as well as in accordance with the Gujarat Minor Mineral Concession Rules, 2010;
3. The petitioner shall not sell, transfer or alienate the vehicle in any manner, pending the confiscation proceedings, and shall produce the vehicle before the authorized officer, as and when call upon to produce the same for the purpose of further proceedings in the matter.
7. These three conditions find place in the impugned order dated 20.12.2012 passed by the Authorized Officer. In our opinion, the Authorized Officer was not justified in adding any additional condition and that too of demanding Bank Guarantee. Therefore, condition No.6 of the impugned order dated 20.12.2012 passed by the Geologist, Surat demanding Bank Guarantee of Rs.20 Lacs from the appellant which has been modified by the learned Single Judge by order dated 18.2.2013 in Special Civil Application No.722 of 2013 by reducing the amount of Bank Guarantee from Rs.20 Lacs to Rs.5 Lacs are set aside. Rest of the conditions will remain same. The Authorized Officer shall accept the Bond furnished by the appellant and release the vehicle immediately in compliance of the judgment and order dated 18.2.2013 in Special Civil Application No.722 of 2013, which has been modified by us to the extent that no Bank Guarantee can be demanded from the appellant.
8. With the above observation and direction, the Letters Patent Appeal stands allowed to the above extent. There shall be no order as to costs.
In view of disposal of main appeal, Civil Application does not survive and it is accordingly disposed of.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya Page 5 of 5