Patna High Court
Sanjay SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The seizure was effected without compliance with the statutory procedure, so the vehicle must be released pending the confiscation proceeding, subject to reasonable terms and conditions imposed by the Collector, including possible instalment payment of any fine.
Summary
The petitioner, Sanjay Sahani, filed a writ petition seeking the release of his twelve‑wheeler truck (WB76B‑1860) seized by the District Magistrate of Kishanganj on alleged illegal transport of stone sand under the Bihar Minerals and Concession Prevention and Illegal Mining Transportation and Storage Rules, 2019/2021. The petitioner claimed a valid e‑challan existed, the vehicle had been idle for two and a half years, and he faced economic hardship. The State argued that a mineral confiscation case (No. 84 of 2024) was pending and the petitioner had failed to appear before the Collector, who could conditionally release the vehicle. Relying on the earlier judgment in Dhiraj Kumar vs State of Bihar (C.W.J.C. No. 1579 of 2022), the Court observed that the seizure was not in accordance with the prescribed procedure and therefore the vehicle must be released pending the confiscation proceeding, on terms and conditions, including possible instalment payment of any fine. The Court directed the petitioner to appear before the Collector and ordered the Mines Department to furnish all relevant documents. The writ petition was thereafter disposed of.
Issues considered
- Whether the seizure of the vehicle by the District Magistrate complied with the Bihar Minerals and Concession Prevention and Illegal Mining Transportation and Storage Rules, 2019/2021.
- Whether a confiscation proceeding can be initiated when the initial seizure is illegal.
- Whether the petitioner is entitled to the release of the seized vehicle pending the confiscation proceeding.
- Whether the petitioner must pay any fine before release and if instalment payment is permissible.
Legislation cited
- Motor Vehicle Act — s. 1988
Subjects
- illegal seizure
- mineral confiscation
- Bihar Minerals Rules
- Motor Vehicle Act
- writ petition
- vehicle release
- fine instalment
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1375 of 2026
======================================================
Sanjay Sahani Son of Jagdish Sahani, Resident of MOhalla- Nimai Trijali-
Jote, Baniakhari Natigora, District- Darjiling, West Bengal- 734010.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Kishanganj, Bihar.
2. Commissioner-cum-Principal Secretary, Mines and Geology Department,
Govt. of Bihar, Patna.
3. Special Secretary, Mines and Geology Department, Govt. of Bihar, Patna.
4. The District Magistrate, Kishanganj.
5. District Mines Development Officer, Kishanganj.
6. Mine Inspector, District Mines Office, Kishanganj, Bihar.
7. Officer-in-Charge, Town Police Station, Kurlijote, Kishanganj, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikram Singh, Advocate
For the Respondent/s : Mr.Sanjay Kumar, AC to SC-8
For the Mines : Mr. Naresh Dikshit, Sp. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr.Vikram Singh, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ/
order/ direction commanding the
respondents to release the vehicle vide 768
its Registration No. WB76B-1860, Engine
No. 51J842547283 Chasis No.
MAT466388F12981 (Twelve wheeler Truck)
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seized by the Respondent No.4 on 11-10-
2023 (Under Bihar Minerals and
Concession Prevention and illegal Mining
Transportation and Storage) Rules, 2019
'hereinafter referred to as Rules, 2019 as
well as Bihar Minerals and Concession
Prevention and illegal Mining
Transportation and Storage) Amendment
Rules,2021, referred hereinafter Rules, 2021
on the illegal transportation and overloaded
by 990 CFT. Stone sand being driven by the
driver of the petitioner having behind the
back of the petitioner;
(ii) for issuance of an appropriate writ/
order direction commanding the respondent
to release the vehicle of the petitioner which
has been illegally seized by the Respondent
No.4 without following the procedure
contained in Rule 2019 and 2021;
(iii) for issuance of an appropriate
writ/order/direction commanding the
Respondents to release the vehicle of the
Patna High Court CWJC No.1375 of 2026(2) dt.09-04-2026
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petitioner to appropriate security since there
is no place available to the Respondents for
keeping the seized vehicle in 'SAFE
CUSTODY' As per the provision of the
Motor Vehicle Act, 1988 Act and Rules;
(iv) for any other relief or relies as Your
Lordships may deem fit and proper in the
facts and circumstances of the case
3. The petitioner owns the vehicle bearing registration
no. WB76B-1860 which was loaded with stone chips and was
intercepted while moving from Siliguri (Darjiling district) on
08.10.2023 but ventured into territorial jurisdiction of
Kishanganj, Bihar and was seized without even accepting the
alibi given by the driver.
4. The submission is that on the day (08.10.2023) it
was intercepted, a valid e-challan was there. The submission is
that for the last two and half years, the truck is lying under the
sky and he is facing economic crisis.
5. Mr. Naresh Dikshit, learned Special P.P. Mines on
the other hand has taken this Court to Annexure-P/8 to show
that Mineral Confiscation Case No. 84 of 2024 (State vs. Sanjay
Sahani) already been initiated by the office of the Collector,
Patna High Court CWJC No.1375 of 2026(2) dt.09-04-2026
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Kishanganj in which the petitioner has never put in his
appearance despite the knowledge of the case. He should appear
before the concerned Court and pending confiscation
proceeding can make an application for release of the vehicle
subject to the terms and conditions/fine amount which may have
accrued.
6. Learned counsel for the petitioner submits that till
now even the fine amount has not been disclosed by the Mining
Department nor any document has been sent to him. He has
relied on a judgment of Dhiraj Kumar vs. The State of Bihar &
Ors (C.W.J.C. No. 1579 of 2022) disposed of on 09.02.2024 to
submit that the pending proceeding, the truck can be released.
7. In the aforesaid case of Dhiraj Kumar (supra) the
coordinate bench in paragraphs 14 to 17 recorded as under:
14. Further, this Court finds that
the vehicle in question is lying in
the premises of the police station
for last 1½ year and at this stage
only a confiscation proceeding has
been recommended. This Court has
been informed by learned counsel
for the State that no confiscation
Patna High Court CWJC No.1375 of 2026(2) dt.09-04-2026
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order has been passed as yet. In
such circumstance, a question will
further arise whether a confiscation
proceeding may at all be initiated
in a case where the very seizure of
the vehicle is found to have been
done without following the
established procedure of law. This
question would, however, be
required to be considered and
decided by the Collector who is the
confiscating authority under Rule
56 of the Rules of 2019. The
petitioner is granted liberty to raise
all such issues which are available
to him before the Collector in the
confiscation proceeding.
15. In view of the conclusion
reached by this Court on the basis
of the materials on record that the
seizure of vehicle in this case has
been done without following the
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established procedure of law, this
Court directs the Collector,
Nawada to pass an order for
release of the vehicle in question on
such terms and conditions which
may be found fit to preserve the
ongoing confiscation proceeding,
however, such conditions shall not
be onerous in nature and it should
not result in an order that the
vehicle remains as it is. For this
purpose, an appropriate order shall
be passed within two weeks from
today.
16. In case, the petitioner
challenges the initiation of the
confiscation proceeding, the same
shall also be decided within eight
weeks.
17. Since the seizure of the vehicle
has been done in contravention of
the procedures established by law,
Patna High Court CWJC No.1375 of 2026(2) dt.09-04-2026
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for the purpose of release the
petitioner shall not be compelled to
deposit the fine/compounding fee.
8. Learned counsel for the petitioner submits that in
case, he has to pay the fine amount, since the truck has been
seized, he is facing the economic crisis, the fine amount be
relaxed inasmuch as it be allowed to pay in instalment.
9. This Court has taken note of the facts of the case,
the submissions of the parties as also the order passed in Dhiraj
Kumar (supra) case the record of the Mineral Confiscation Case
No. 84 of 2024 shows that the petitioner has failed to appear
before the Collector, Kishanganj. He should appear and prefer
proper petition for the release of the vehicle pending
confiscation proceeding.
10. The Mines Department is also duty bound to
provide all the documents to the petitioner so that he can put
forward his view before the concerned Court.
11. Needless to add, when the confiscation
proceeding is pending, the petitioner shall be appearing
diligently in the case and in the meantime on the terms and
conditions to be decided by the Collector, Kishanganj including
the fine amount, the truck be released.
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8. If the fine amount is high, the Collector,
Kishanganj may consider, allowing the petitioner to pay in
instalment as admittedly due to non plying of the the truck the
stand is that he is facing economic crisis.
9. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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