GHANSHYAMBHAI CHAGANBHAI PALversusSTATE OF GUJARAT

    C/SCA/8921/2026                              ORDER DATED: 06/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 8921 of 2026

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                      GHANSHYAMBHAI CHAGANBHAI PAL
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
MR.JAYRAJ K. DANI(18686) for the Petitioner(s) No. 1
ANGESH PANCHAL AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 06/07/2026

                                 ORDER


1. Rule. Learned Assistant Government Pleader Mr. Angesh
Panchal waives service of Rule for and on behalf of the
respondents.


2. With the consent of the learned advocates for the parties,
the matter is taken up for final hearing and disposal.


3. Learned advocate for the petitioner submits that the vehicle
of the petitioner has been seized on 18.04.2026 by the
respondent authorities and the complaint is preferred by the
authorities before the Court below after completion of the
stipulated period, i.e. after 45 days. Learned advocate submits
that since the complaint has been filed after the stipulated
period, as per the Rule 12 of the Gujarat Mineral (Prevention


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    C/SCA/8921/2026                                      ORDER DATED: 06/07/2026




of Illegal Mining, Transportation and Storage) Rules, 2017, the
petitioner     is     entitled   to    release      of   his   vehicle      having
registration No. GJ-34-S-0515 pending the proceedings. Learned
advocate in support of his contentions places reliance on the
order passed by the Coordinate Bench of this Court dated 8th
August, 2024 in Special Civil Application No.8664 of 2024.


4. Learned Assistant Government Pleader appearing for the
respondents, upon instructions received from B.M.Jalondhara,
Geologist, Bhavnagar, submits that however, the petitioner has
also approached the authorities to compound the offence
earlier. He further submitted that the complaint, i.e. Sessions
Case No.63 of 2026, has been filed on 09.06.2026, i.e. after
the stipulated period of time under the Rules. Learned
Assistant Government Pleader submits that appropriate order
may be passed in the present case.


5. In view of the aforesaid submissions, it is revealed that the
complaint has not been filed within the stipulated period of
time under the Rules, 2017. Various orders have been passed
by this Court, wherein it has been held that it would be
obligatory on the part of the investigator to approach the
Court of Sessions with a written complaint and produce the
seized properties before the Court within the stipulated period


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    C/SCA/8921/2026                                   ORDER DATED: 06/07/2026




under the Rules. In absence of such exercise, the purpose of
seizure   and         the   bank   guarantee      would   stand     frustrated.
Resultantly, the property will have to be released in favour of
the person from whom it was seized without insisting for the
bank guarantee.


6. In view of the fact that the vehicle in question having been
seized on 18.04.2026 and the complaint has been filed on
09.06.2026, the vehicle of the petitioner be released on the
following conditions:


     (i) The petitioner shall file an undertaking on oath before
     the competent authority that the petitioner shall not
     transfer, alienate, part with the possession of the vehicle
     having registration No. GJ-34-S-0515 or create any charge
     over the vehicle in question till the conclusion of the
     trial.


     (ii) The petitioner shall produce the vehicle having
     registration No. GJ-34-S-0515 as and when the authority
     or the Court concerned directs him to do so.


7. It is made clear that this Court has not gone into the merits
of the case and no observation is made thereon.


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        C/SCA/8921/2026                                                                  ORDER DATED: 06/07/2026




8. The District and Sessions Court, Bhavnagar shall decide the
complaint on its on merits in accordance with law. It is also
made clear that the respondent authorities are permitted to
take appropriate step(s) in accordance with law against the
petitioner under the Rules, 2017.


9. In view of the aforesaid observations, the present Special
Civil Application stands Disposed of. Rule is made absolute
accordingly. No order as to costs. Direct Service is permitted.




                                                                                              (NIRZAR S. DESAI,J)
BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 06/07/2026 17:48:47



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