Sompal Singh v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court; Saumitra Dayal Singh, J.; decided 24.1.2023; APPLICATION U/S 482 No. 37766 of 2022; Sompal Singh v. State of U.P. and Another; release of seized vehicle; tractor-trolley Regn. No. U.P. 26 Z 6163; FIR dated 17.06.2022 alleging illegal mining; seizure by police on 23.07.2022; CJM Pilibhit order dated 17.08.2022 Condition No. 4; No Objection Certificate from Mining Officer; Magistrate's independent jurisdiction vis-a-vis administrative authority; Criminal Revision No. 135 of 2022, District and Sessions Judge, Pilibhit, order dated 02.11.2022; counsel relied on Smt. Manu Devi v. State of U.P. (Cri. Misc. W.P. No. 20111 of 2015) and Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638; condition set aside, application allowed.
What did the court decide?
Application allowed; Condition No. 4 of the order dated 17.08.2022 (requiring No Objection Certificate from the Mining Officer for release of tractor U.P. 26 Z 6163 with trolley) set aside.