M/S. Shivam Stone vs State Of Gujarat & Ors

Hemant M. Prachchhak, J

RULE returnable forthwith. Learned Assistant Government Pleader Ms. Dixa Pandya, waives service of notice of Rule for and on behalf of the respondents.

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

By way of present petition under Article 226 of the Constitution of India read with the provisions of the Mines and Minerals (Development and Regulations) Act, 1957 (hereinafter be referred to as "the Act") and under the provisions of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter be referred to as "the Rules"), petitioner has prayed for the following reliefs :

"(A) Your Lordships may be pleased to issue an appropriate writ, order or direction to call record of proceedings and documents in connections to the seizure form dated 6.3.226 relying on which impugned seizer form is issued;

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction of quashing and setting aside the seizure proceedings including the impugned seizure form dated 06.03.2026 issued by Executive Magistrate, Muli (Annexed hereto as Annexure - A), being without jurisdiction;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to release the Tata Hitachi machine (Sr. No. SP13-14990), two plants and 150 MT Manufactured Sand mentioned in seizure form dated 06.03.2026;

(D) Your Lordships may be pleased to grant any other relief/s which deems fit and proper in the interest of justice."

Heard learned counsel Ms. Kruti M. Shah assisted by Mr. Jay N. Shah, learned counsel for the petitioner and Ms. Dixa Pandya, learned Assistant Government Pleader, appearing on behalf of the respondents.

Learned advocate for the petitioner submits that the vehicle of the petitioner has been seized on 07.03.2026 by the respondent authorities and till date, no complaint has been filed by the respondents. Learned counsel submits that since the complaint has not been filed as per provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioner is entitled to release of his vehicle, being Tata Hitachi machine (Sr. No. SP13-14990) pending the proceedings.

Ms. Dixa Pandya, learned Assistant Government Pleader, appearing for the respondents, upon instructions received from Mr.J.S. Vadher, Geologist, Surendranagar, submits that no complaint has been filed yet and that therefore, appropriate order may be passed in the present case.

In view of the aforesaid submissions, it is revealed that no 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 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.

In view of the enunciation of law and in absence of any complaint filed, it would not be within the authority of the respondent authority to continue seizure of the vehicle and therefore, the authority concerned is directed to release the vehicle of the petitioner, within a period of one week. It is clarified that the present writ petition has been entertained only for the limited purpose of releasing the vehicle of the petitioner. It will be open to the petitioner to avail of the remedy available in law. It is also clarified that this order shall not preclude the officers to initiate any proceedings, in accordance with law.

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

In view of the aforesaid observations, the present petition stands disposed of. The impugned seizure form dated 06.03.2026 issued by the Executive Magistrate, Muli, Suredranagar is hereby quashed and set aside. Rule is made absolute accordingly. No order as to costs.

Direct Service is permitted.