Heard learned advocate for the petitioner.
Learned advocate for the petitioner has confined this petition qua issuance of appropriate direction to the concerned authority i.e. respondent no.3 to exercise powers under Rule 18 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, for releasing of the vehicle on executing appropriate bond. The vehicle is seized on 19.1.2012 and it was detained on 7.1.2012. Sufficient time is passed and therefore, this court is of the view that appropriate direction is required to be issued in this matter.
Learned AGP on advance copy, also could not indicate any reason for not issuing appropriate direction.
Hence petition is disposed of. Learned AGP also pointed out that the Appeal is available under Rule 11. This submission of learned AGP, in my view, is misconceived and requires outright rejection as Rule 18 is absolutely clear in respect of seized vehicle and it is common knowledge that seized vehicle if permitted to lye without motion for sometime, it is likely to be deteriorated in its condition. Rule 18 cannot be overlooked by any officer, much less the officer, who seized the vehicle, in fact, it is his duty to inform, whose vehicle is seized that he is entitled to exercise his opinion under Rule 18. Non information to the person, whose vehicle is seized, is also unfortunate. Be that as it may.
Suffice it to say that the petitioner is at liberty to approach the concerned officer i.e. Respondent no. 3 as per the submission of learned advocate for the petitioner with appropriate application calling upon him to exercise is power under Rule 18 of the Rules and if such an application is made and willing to furnish the bond, is shown, then such application be decided within two days from the date of receipt thereof.
With this observation, petition is disposed of. No costs. Direct service permitted today.
(S.R.BRAHMBHATT, J.) pallav Top