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Patna High Court

Manoj Ray @ Manoj Kumar RayversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna, Bihar.

Decided
Disposal
DISPOSED

Holding

The Court held that the FIR could not be quashed and the vehicle should be released only upon payment of the prescribed penalty in installments.

Summary

The petitioner, owner of a diesel TATA truck, claimed a valid prepaid challan authorising transport of yellow sand from 1‑Nov‑2024 to 2‑Nov‑2024. The vehicle was seized on 2‑Nov‑2024 by mining officials alleging overloading, and an FIR was lodged after an 18‑day delay under Section 303(2) of the Bharatiya Nyaya Sanhita, Section 27 of the Mines and Minerals (Development and Regulation) Act and Section 56(2) of the Bihar Minerals Rules. The petitioner sought quashing of the FIR and release of the vehicle, arguing procedural lapses and no overloading. The respondents proved the truck was overloaded by 5.94 MT based on weighbridge measurement and imposed a penalty of Rs 8,15,930 under the 2019 Rules. The Court held that the delay and alleged procedural defects did not warrant quashing the FIR and directed the vehicle’s release only upon payment of the penalty in installments. The petition was therefore dismissed, with the only relief being the conditional release of the truck.

Issues considered

  • Whether the FIR lodged under Section 303(2) B.N.S., Section 27 MMDR Act and Section 56(2) Bihar Minerals Rules can be quashed on the ground of delay and alleged procedural irregularities.
  • Whether the seizure of the petitioner’s truck was lawful given the alleged overloading and compliance with statutory procedures.
  • Whether the penalty imposed under the 2019 Rules is valid and the vehicle can be released upon its payment.

Legislation cited

Subjects

  • vehicle seizure
  • overloading
  • mining regulations
  • quash FIR
  • penalty
  • writ of mandamus
  • mineral transport
  • procedural lapse
  • compounding of offences

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.300 of 2025
      Arising Out of PS. Case No.-127 Year-2024 Thana- Jagdishpur District- West Champaran
     ======================================================
     Manoj Ray @ Manoj Kumar Ray, S/o Kamata Ray, R/o Village- Khawaspur
     Kala, Bhairopur Nizamat, P.S.- Saran Kotwali, District- Saran, Bihar.

                                                                        ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna,
     Bihar. Bihar
2.   The Additional Chief Secretary-cum-Mines Commissioner, Patna Bihar
     Bihar
3.   The District Mining Officer, Bettiah, District- West Champaran, Bihar, Bihar
4.   The Station House Officer, Jagdishpur Police Station, Bettiah, District-West
     Champaran, Bihar. Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Ms. Chhaya Kirti, Advocate
     For the State           :        Mr. Kameshwar Kumar, GP-17
     For the Deptt. of Mines :        Mr. Utsav Anand, Advocate
     ======================================================
        CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                          CAV JUDGMENT
      Date : 20-02-2026

                 The petitioner has filed the present writ petition

      seeking following reliefs :

                       “(i) To issue an appropriate writ in the
                       nature of mandamus or any other writ(s),
                       order(s),     direction(s)      for    issuance      of
                       direction to the respondent authorities to
                       release the Vehicle i.e. a Diesel TATA Truck
                       (Goods Carrier) bearing registration number
                       as UP51AT0925 and the Chassis No.-
                       MAT466388F5J12443 in favour of petitioner,
                       which is seized by Respondent no.-4.
                       (ii) To issue an appropriate writ in the nature
                       of mandamus or any other writ(s), order(s),
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                          direction(s) to the concerned respondent to
                          cancel/quash the proceedings in Jagdishpur
                          P.S. Case No.-127/2024 dated 20.11.2024
                          lodged under Sections 303 (2) of The
                          Bharatiya Nyaya Sanhita, Section 27 of
                          MMDR Act and Section 56(2) of The Bihar
                          Minerals (Concession, Prevention of Illegal
                          Mining, Transportation & Storage) Rules,
                          initiated against the petitioner seizing the
                          vehicle bearing registration number as
                          UP51AT0925          and       the     Chassis     No.-
                          MAT466388F5J12443 as per Bihar Minerals
                          (Concession, Prevention of Illegal Mining,
                          Transportation and Storage) Amendment
                          Rules, 2021.
                          (iii) To issue an appropriate writ in the
                          nature of mandamus or any other writ(s),
                          order(s),     direction(s)      for    issuance     of
                          direction to the concerned respondents to
                          examine in what circumstances the F.I.R. has
                          been lodged as Jagdishpur P.S. Case No.-
                          127/2024 dated 20.11.2024 lodged under
                          Sections 303 (2) of The Bharatiya Nyaya
                          Sanhita, Section 27 of MMDR Act and
                          Section 56(2) of The Bihar Minerals
                          (Concession, Prevention of Illegal Mining,
                          Transportation & Storage) Rules.
                          (iv) To issue an appropriate writ in the
                          nature of mandamus or any other writ(s),
                          order(s),     direction(s)      for    issuance     of
                          direction to the concerned respondents to
                          examine in what circumstances the Diesel
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                          TATA      Truck     (Goods      Carrier)   bearing
                          registration number as registration number
                          as UP51AT0925 and the Chassis No.-
                          MAT466388F5J12443 of the petitioner has
                          been seized.
                          (iii) Any other relief(s) for which the
                          petitioner is found entitled to”.


                    2. Briefly stated, the facts, giving rise to the present

         writ petition, are that the petitioner is stated to be the owner of

         a Diesel TATA Truck (Goods Carrier) bearing Registration No.

         UP-51AT-0925,          Chassis      No.        MAT466388F5J12443.     The

         petitioner is engaged in transportation business. The petitioner

         claims that he possessed a prepaid pass/challan issued by the

         Government of Bihar, explicitly authorizing the transportation

         of yellow sand within the specified time framed from

         01.11.2024 at 06:38:21 P.M till 02.11.2024 at 06:38:21 P.M.

                    3. Further case of the petitioner is that while the driver

         of the petitioner had been lawfully carrying out his duty of

         transporting yellow sand well within permitted limit, mining

         official stopped him on 02.11.2024 and proceeded to seize the

         vehicle. Subsequently, after a delay of eighteen days, Jagdishpur

         P.S. Case No. 127/2024 dated 20.11.2024 for the offences

         punishable under Sections 303 (2) of The Bharatiya Nyaya

         Sanhita, Section 27 of Mines and Minerals (Development and
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         Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act')

         and Section 56 (2) of Bihar Mineral (Concession, Prevention of

         Illegal Mining, Transportation & Storage) Rules, 2019

         (hereinafter referred to '2019 Rules'), has been lodged against

         the owner of the vehicle and its driver.

                    4. From the FIR, it appears the vehicle was seized due

         to overloading. The petitioner has approached this Court for

         quashing of Jagdishpur P.S. Case No. 127/2024 and for release

         of his vehicle, in question as well as other consequential reliefs.

                    5. The learned counsel for the petitioner submitted that

         the respondent no. 4 has arbitrarily seized the vehicle of the

         petitioner, who is the bonafide owner of the vehicle in question

         and is engaged in business of transportation. For carrying sand

         on the said vehicle, the petitioner has got a valid challan and the

         driver was carrying the same. The validity period commenced at

         06:38:21 P.M. on 01.11.2024 and it would have continued till

         06:38:21 P.M. on 02.11.2024. Therefore, no offence as

         mentioned in the FIR is made out against the petitioner or his

         driver. The whole case of the prosecution is based on the

         presumption that the vehicle of the petitioner was overloaded

         and had been carrying sand for more capacity than the challan

         issued for the transportation. Even the seizure memo was
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         prepared without following the procedure and without weighing

         the sand. No independent witness was joined during the seizure,

         which is a procedural requirement mandated by law. The

         authority further failed to provide the copy of the seizure memo

         to the co-accused driver of the vehicle and, therefore, it casts

         serious doubt on the credibility and authenticity of the seizure

         memo.

                    6. The learned counsel further submits that there is no

         details about the manner in which the process of weighing of the

         seized vehicle has been conducted by the respondent no.3 and

         the result of such weighing which showed the vehicle being

         overloaded leading to its seizure. The learned counsel further

         submitted that before seizing the vehicle, concerned respondents

         have failed to conduct any weighing of the yellow sand carried

         by the truck and this oversight is particularly significant

         considering that the vehicle possessed a valid challan issued by

         the Government of Bihar explicitly for transportation of yellow

         sand.

                    7. The learned counsel further submitted that the truck

         of the petitioner was seized on 02.11.2024 and was kept under

         custody in questionable manner and after an unexplained delay

         of more than 18 days, the F.I.R. bearing Jagdishpur P.S. Case
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         No. 127/2024 was lodged and till date the seized truck is lying

         in the premises of Jagdishpur Police Station without proper

         shedding and the vehicle is deteriorating with each passing day.

                    8. On the other hand, learned counsel appearing on

         behalf of Department of Mines vehemently contended that there

         is no occasion to quash the FIR and the vehicle of the petitioner

         has been rightly seized. The learned counsel further submitted

         that     on     02.11.2024,       at     around   9:30   P.M.,   during

         inspection/checking of vehicles loaded with illegal minerals

         near Jagdishpur Chowk by the officials of Mines Department,

         the petitioner's vehicle (12 wheel truck) bearing Registration

         No. UP-51AT-0925 was intercepted and on demand of challan,

         a challan issued on 01.11.2024 at 6:38 P.M. which was valid till

         02.11.2024 at 6:38 P.M. was provided. On perusal of challan, it

         transpired that transportation of sand having quantity equal to

         17.83 metric ton/445.75 CFT was permitted. However, on

         physical inspection, it was found that the petitioner's vehicle

         was overloaded and, therefore, after intercepting the petitioner's

         vehicle, it was brought to the nearest weighbridge and the

         vehicle was measured. On measurement, the gross weight of the

         vehicle was found to be 35020 Kg. According to the registration

         certificate of the vehicle, unladen weight of the vehicle was
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         11250 Kg. Since the petitioner was permitted to transport sand

         for a weight of 17.83 MT (17830 kg), deducting the weight from

         the gross weight of the vehicle, the same would come to 35020-

         (17830 +11250)=5940 kg. So the vehicle of the petitioner was

         overloaded with 5940 kg sand. Accordingly, a weighment slip

         was duly handed over to the driver namely Ajit Singh, who

         made his signature over the slip.

                    9. The learned counsel further submitted that after

         seizure and finding that the vehicle was overloaded, the seized

         vehicle was handed over to the respondent no. 4 for safe custody

         with a letter bearing letter no. Camp-01 dated 02.11.2024 (part

         of the F.I.R.) wherein it has been mentioned that the vehicle of

         the petitioner was seized due to the overload and transportation

         of sand and the key of the vehicle was kept in the police station.

                    10. The learned counsel then submitted that as per

         provision of Rule 56 of 2019 Rules, the power has been granted

         to the competent authority to compound the offences and the

         Mineral Development Officer being the competent authority has

         been vested with power to compound the offences within the

         period of 30 days and thereafter, a recommendation would be

         sent to the Collector of the district for initiation of confiscation

         proceeding.
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                    11. The learned counsel further submitted that having

         such power of compounding being vested with the competent

         authority and having seized the vehicle on 02.11.2024, the

         authority waited for some days so that the owner of the vehicle

         may approach the respondent office for depositing the

         compounding fee/penalty amount, amounting to Rs. 8,15,930/-

         and when the said amount was not deposited by the petitioner,

         therefore, having no option left, the Mines Inspector, Bettiah

         submitted a written statement before the SHO, Jagdishpur

         contained in letter no. Camp-01 dated 02.11.2024 to lodge the

         F.I.R. against the driver and owner of the vehicle under the

         relevant section of BNS and other mining laws and hence, the

         F.I.R. bearing Jagdishpur P.S. Case No. 127 of 2024 dated

         20.11.2024 was registered.

                    12. The learned counsel then submitted that the

         petitioner     has     wrongly       mentioned   that   no   procedural

         requirement mandated by law has been performed during the

         seizure of vehicle as once the vehicle in question was found to

         be overloaded on physical verification, it was taken to the

         nearest weighbridge for the weighment and on perusal of the

         receipt of such weighment, it is apparent that the driver has

         signed the same, therefore, the seizure, weighment and handling
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         over the vehicle to the Jagdishpur police station was done in

         presence of the driver of the vehicle.

                    13. The learned counsel further submitted that

         interception and seizure of the vehicle of the petitioner, the

         assessment of the sand loaded on the vehicle was proper and

         valid and considering the facts and circumstances, the FIR

         cannot be quashed.

                    14. I have given my thoughtful consideration to the

         rival submission of the parties.

                    15. The challenge to the action of the respondent no.3

         is on the ground that the vehicle of the petitioner was not

         overloaded and transportation was being done under a valid

         challan. Another ground taken for quashing the FIR is delay of

         18 days in lodging the FIR.

                    16. Admittedly, the vehicle of the petitioner has been

         plying and transporting sand under a valid challan since this fact

         has not been disputed by the respondent-Mining Department.

         However, the seizure has been made under Rule 56(1) of ‘2019

         Rules’ and penalty has been provided under Section 56(2) of

         ‘2019 Rules’. It has also been submitted on behalf of

         Department of Mines that the truck was weighed on a

         weighbridge and it was found to be carrying sand in excess of
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         about 6 MT. This weighing is in consonance with Rule 60(2) of

         ‘2019 Rules’. Therefore, the contention of the petitioner about

         there being no overloading and process of re-weighing not being

         followed is not sustainable.

                    17. So far as delay in lodging the FIR is concerned, the

         same has been explained by the respondent no.3 by submitting

         that since the offence was compoundable before the mining

         authorities, they waited for the petitioner to turn up to get the

         case compounded and finding no response from the petitioner,

         the present FIR was lodged. Even otherwise, the delay in

         lodging the FIR could not be a ground for quashing the FIR.

                    18. So far as claim of the petitioner about procedure

         not being followed rendering the whole process illegal           is

         concerned, it is settled law that non-adherence to other

         procedural safeguard ipso facto would not have rendered the

         FIR liable to be quashed. However, these issues could be taken

         up before the learned trial court to the advantage of the

         petitioner.

                    19. Therefore, in the light of aforesaid facts and

         circumstances and discussion made here-in-before, I am of the

         opinion that the petitioner has not been able to make out a case

         for quashment of the Jagdishpur P.S. Case No. 127/2024 and
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         hence, the relief sought by the petitioner could not be granted.

                    20. So far as the prayer of the petitioner regarding

         release of the vehicle is concerned, it has been submitted on

         behalf of the respondent Mining Department that a penalty

         amount of Rs. 8,15,930/- has been imposed in terms of Rule

         51(1)(b) read with Rule 56 of the ‘2019 Rules’ and the petitioner

         can get the release of the vehicle by paying this penalty amount,

         the petitioner has an available remedy in the form of an appeal

         before the competent authority under Rule 67 of the ‘2019

         Rules’. However, the truck of the petitioner has been seized on

         02.11.2024 and almost 1 year and 3 months have elapsed and

         the vehicle of the petitioner has been losing its road-worthiness,

         hence I am of the view that the respondent authorities could be

         directed to release the vehicle subject to payment of the penalty

         amount in easy installments.

                      21. While dealing with the seized vehicles from time

         to time by the police either in commission of various offences or

         abandoned vehicles or vehicles which are recovered during

         investigation of complaint of thefts, the Hon’ble Supreme Court

         in the case of Sunderbhai Ambalal Desai vs. State of Gujarat,

         (2002) 10 SCC 283 observed as under:-

                            “In our view, whatever be the situation, it is of
                            no use to keep such-seized vehicles at the
                            police stations for a long period. It is for the
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                            Magistrate to pass appropriate orders
                            immediately by taking appropriate bond and
                            guarantee as well as security for return of the
                            said vehicles, if required at any point of time.
                            This can be done pending hearing of
                            applications for return of such vehicles.
                            In case where the vehicle is not claimed by the
                            accused, owner, or the insurance company or
                            by third person, then such vehicle may be
                            ordered to be auctioned by the Court. If the
                            said vehicle is insured with the insurance
                            company then insurance company be
                            informed by the Court to take possession of
                            the vehicle which is not claimed by the owner
                            or a third person. If Insurance company fails
                            to take possession, the vehicles may be sold as
                            per the direction of the Court. The Court
                            would pass such order within a period of six
                            months from the date of production of the said
                            vehicle before the Court. In any case, before
                            handing over possession of such vehicles,
                            appropriate photographs of the said vehicle
                            should be taken and detailed panchnama
                            should be prepared.”


                      22. Accordingly, the concerned respondent is directed

         to release the Tata truck of the petitioner bearing Registration

         No.UP-51AT-0925            on    payment       of   penalty   amount   of

         Rs.8,15,930/- in fifteen monthly installments. The Truck in

         question would be released after payment of first installment of

         Rs. 60,000/- before the authority concerned, on or before 30 th

         March, 2026, and rest penalty amount would be paid in fourteen

         equal monthly installments on or before 30 th of every month,

         subject to further satisfaction of the court concerned, if the

         petitioner is so inclined.
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                                 23. With the aforesaid observations/directions, the

                      present petition stands disposed of.




                                                     (Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR                NAFR
CAV DATE                12.12.2025
Uploading Date          20.02.2026
Transmission Date       20.02.2026


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