Case Note & Summary
The petitioner, Arvindbhai Dhirubhai Dumaniya, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking release of his vehicle (bearing registration No. GJ-13-AD-2720, Chassis No. 1PY5310EESL072124) which was seized on 03.12.2025 by the respondent authorities under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The petitioner's counsel, Ms. Namrata Harishbhai Chauhan, submitted that no complaint had been filed by the respondents within the stipulated period under the Rules, and relied on earlier decisions of the Court in Special Civil Application No. 9203 of 2020 dated 26.08.2020 and Letters Patent Appeal No. 717 of 2020 dated 19.04.2021. The respondent's counsel, Mr. Vaibhav Sharma, Assistant Government Pleader, conceded that no complaint had been filed and left the matter to the Court's discretion. The Court observed that it is obligatory on the investigator to approach the Court of Sessions with a written complaint and produce the seized properties within the stipulated period under the Rules. In absence of such exercise, the purpose of seizure and bank guarantee would be frustrated. Consequently, the Court directed the respondent authorities to forthwith release the vehicle to the petitioner without insisting on any bank guarantee. The petition was allowed with no order as to costs.
Headnote
A) Mineral Law - Seizure of Vehicle - Release of Seized Property - Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 - The petitioner's vehicle was seized on 03.12.2025 for alleged illegal mining, but no complaint was filed within the stipulated period under the Rules. The Court held that in absence of a complaint, the seizure cannot continue and the vehicle must be released without insisting on a bank guarantee. (Paras 3-6)
Issue of Consideration
Whether the petitioner is entitled to release of his vehicle seized under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 when no complaint has been filed within the stipulated period.
Final Decision
The petition is allowed. The respondent authorities are directed to forthwith release the vehicle of the petitioner, bearing registration No. GJ-13-AD-2720 and Chassis No. 1PY5310EESL072124, without insisting for any bank guarantee. Rule is made absolute. No order as to costs.
Law Points
- Seizure of vehicle for illegal mining
- non-filing of complaint within stipulated period
- release of seized property without bank guarantee
- Gujarat Mineral (Prevention of Illegal Mining
- Transportation and Storage) Rules
- 2017
