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.8053/2019 BETWEEN VENKATESHALU V @ VENKATESHALU VADDE S/O. HANUMANTHAPPA, AGED ABOUT 53 YEARS, OWNER OF TRACTOR-TRAILER BEARING NO.AP-02/AF-5971-72, R/O. VADDE PALYAM, MALAYANURU VILLAGE, KUNDURPI MANDALA, KALYANADURGA TALUK-515761, ANANTHPUR DISTRICT (AP) ...PETITIONER (BY SRI R SHASHIDHARA, ADV.) AND THE STATE OF KARNATAKA BY PARASHURMAPURA POLICE STATION, CHALLAKERE TALUK, PIN-577277.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001.
…RESPONDENT (BY SMT. NAMITHA MAHESH B.G, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO MODIFY THE ORDER PASSED BY THE LEARNED PRL.DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN CR.RP NO.127/2019 DATED 29.08.2019 IN SO FAR AS TO FURNISH THE SECURITY IN THE FORM OF RENEWAL OF BANK GUARANTEE FOR AN AMOUNT OF RS.3,00,000/-
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner and the learned HCGP.
2. Petitioner is before this Court being aggrieved by the condition imposed by the Court of Prl. District & Sessions Judge, Chitradurga, permitting release of seized vehicle upon furnishing security in the form of renewable bank guarantee for a sum of Rs.3 lakhs.
3. The facts in brief are, that the petitioner is the owner of tractor trailer bearing registration No.AP-02-AF- 5971 & 5972, and that the vehicle was the subject matter of seizure under PF.No.55/2019 dated 10.07.2019 and the vehicle has been valued at Rs.5 lakhs each and that the vehicle were involved in illegal mining operations i.e., removal and transportation of sand. The same were seized by the police.
4. The application by the petitioner to the jurisdictional Court came to be rejected 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 Trial Court after taking into consideration the said fact has been pleased to reject the application. The revisional court has been pleased to allow the application 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