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.4130/2019 BETWEEN 1. SRI. CHANDRASHEKAR H R S/O RAMA KRISHNEGOWDA, AGED ABOUT 29 YEARS, R/AT HONGANURU VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562138, (OWNER OF TRACTOR BEARING REGISTRATION NO KA-15-T-8423) 2. SRI ANANDA V S/O VENKATESH, AGED ABOUT 32 YEARS, R/AT HANUMAPURADODDI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT 562138, (OWNER OF TRACTOR BEARING REGISTRATION NO KA-14-TA-5805 AND ENGINE NO ROLWO1447) (BY SRI LETHIF B, ADV.) AND 1. THE STATE OF KARNATAKA BY GEOLOGIST, OFFICE OF DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT, RAMANAGARA DISTRICT, ...PETITIONERS REP BY THE S P P, HIGH COURT BUILDING, BANGALORE 560001 (BY SRI R.D.RENUKARADHYA, HCGP.) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.230/2019 BY MODIFYING THE CONDITION NO.1 i.e., THE PETITIONERS SHALL OFFER RENEWABLE BANK GUARANTEE OF AMOUNT OF RS.3,00,000/- EACH WHICH IS PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.230/2019 IN PCR NO.36/2019 ON 10.05.2019 BY ALLOWING THE APPLICATION FILED UNDER SECTION 457 OF CR.PC PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, CHANNAPATNA BY RELEASING TRACTOR BEARING NOS.KA-15-T-8423 AND KA- 14-TA-5805.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners and the learned HCGP.
2. Petitioners are before this Court being aggrieved by the condition imposed by the Court of Prl. District & Sessions Judge, Ramanagara, permitting release of seized vehicles upon furnishing security in the form of renewable bank guarantee for a sum of Rs.3 lakhs by each of the petitioners.
3. The facts in brief are, that the petitioners are the owners of tractors bearing registration Nos.KA-15-T-8423 & KA-14-TA-5805, respectively, and that the vehicles were the subject matter of seizure under PF.No.25/2019 dated 23.03.2019 and the vehicle has been valued at Rs.3 lakhs each and that the vehicles were involved in illegal mining operations i.e., removal and transportation of sand. The same were seized by the police.
4. The petitioners filed a petition to the jurisdictional Court seeking release of the vehicle. The said petition is allowed subject to the condition that the petitioners shall furnish a renewable bank guarantee to the tune of Rs.3 lakhs each. The condition imposed is in view of the provisions of Section 21(4) & 21(4A) of Mines and Minerals Development Regulation Act, 1957, which provides for confiscation of material, machinery, equipment and tools, which in the opinion of this Court is the correct approach.
5. The law provides for confiscation. The subject matter of confiscation can be released only on furnishing of appropriate surety equivalent to the value of the subject matter. The court below has been pleased to allow the petition by imposing condition of furnishing of renewable bank guarantee to the tune of Rs.3 lakhs.
6. As stated earlier, the provisions of Sections 21(4) & 21(4A) of the Act provides for absolute confiscation of material, machinery, equipment and tools. Hence, no ground is made out which warrant interference. Petition stands dismissed.
Sd/- JUDGE KK CT-HR