Yameen vs State of Uttarakhand

@DELETEUPPERDATA

Alok Singh, J.—Petitioner was transporting RBM (minor mineral) in tractor trolley No. UK04CA- 6085 on 14.03.2014; police stopped the tractor trolley on the way and demanded driving license, registration certificate of the tractor trolley as well as permission to transport RBM (minor minerals); petitioner failed to show any document, therefore, tractor trolley was taken into custody by the Police and the petitioner was challaned under Motor Vehicles Act; a report was also submitted under Section 3/7 of the Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005 to the Joint Magistrate, Kashipur; petitioner appeared before the ACJM, Kashipur and confessed his guilt under Motor Vehicles Act and requested to ACJM, Kashipur to release his tractor trolley in question; learned ACJM, vide order dated 21.03.2014, was pleased to direct the police to release the tractor trolley bearing registration no. UK04CA - 6085 in favour of the petitioner, if the same is not required in any other case; when the tractor trolley was not released by the police, the petitioner approached the Joint Magistrate/SDM, Kashipur; learned Joint Magistrate/SDM, Kashipur vide order dated 28.03.2014, was pleased to direct the petitioner to deposit Rs. 25,000/- plus Rs. 540/- as pre-condition to release the tractor trolley in question; feeling aggrieved, the petitioner has approached this Court.

Mr. S.S. Chauhan, learned Deputy Advocate General, appearing for the State, has submitted that the petitioner was found transporting RBM (minor minerals) without there being any authority or royalty, therefore, the petitioner was challaned under Section 3/7 of Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005. He further contends that the penalty in question of Rs. 25000/- plus Rs. 540/- was imposed by the SDM for the violation of Section 3/7 of Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005.

Undisputedly, the petitioner was not heard prior to passing of the impugned order dated 28.03.2014, whereby the petitioner was asked to deposit Rs. 25,000/- plus Rs. 540/- as pre-condition to release the tractor trolley under Section 3/7 of the Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005.

This is the settled position of law that none should be condemned or penalized without giving appropriate opportunity of being heard and to defend himself. In the present case, the order dated 28.03.2014 imposing penalty under the Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005 was passed without adopting the due procedure and without giving an opportunity of being heard to the petitioner.

At this stage, Mr. S.S. Chauhan, learned Deputy Advocate General, appearing for the State fairly submits that now the petitioner shall be given appropriate opportunity to defend himself for the violation of Section 3/7 of the Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005.

In view of the discussion made above, order impugned dated 28.03.2014 does not sustain in the eyes of law. Therefore, writ petition succeeds and is hereby allowed. Impugned order dated 28.03.2014 is set aside, however, learned SDM/Joint Magistrate, Kashipur shall be at liberty to proceed against the petitioner under Section 3/7 of the Uttarakhand Minor Minerals Prevention of Illegal Mining, Transportation and Storage Rules, 2005, in accordance with law.

No order as to costs.