Allowed

Gaddam Yellaiah v. The State of Telangana

Telangana HC9 Sept 2024CRLP/10036/2024

Case brief

AI extract

What is this about?

This court allowed a criminal petition seeking interim custody of a tractor and trailer involved in illegal mining. The judgment held that interim custody petitions are maintainable under Section 497 BNSS if confiscation proceedings under the Mines and Minerals Act are not initiated. The vehicle was released subject to a bond and deposit.

What did the court decide?

The trial Court directed to release the tractor and trailer to petitioner upon execution of bond and deposit of Rs.25,000/-.

Gaddam Yellaiah Vs The State of Telangana — Contract and Commercial Disputes | Telangana HC (2024)

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IN THE HIGH COURT^{FOR THESTATE OF TELANGANA} AT HYDERABAD

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MONDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE^{K. SUJANA}

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CRIMTNAL PETITION^{NO: 10036OF 2024}

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Betwpen:

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Gaddam Yellaiah, S/o.Venkataiah, aged^{about 51 years, Occ Owner of crime} Vehicle and Agriculture, R/o.Thangallapally^{Village, Koheda Mandal, Siddipet} District.

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...PETITIONER/PETITIONER/OWNER OF THE CASE PROPERTY

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AND

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The State of Telangana, Rep^{by its PublicProsecutor, High Courtfor the} State of Telangana,^{Hyderabad.(Through S.H.O'KohedaPoliieStation'} Siddipet District).

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...RESPONDENT/COMPLAINANT

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Petition under Section 528 of^{B.N.S.S.Cpraying that in the circumstances} stated in the Memorandum of^{Grounds of Criminal Petition,the High Courtmay} be pleased to call for the^{records of Order daled 22-08-2024 passedin Crl'MP} uo.loz of 2024 in Crime No.148^{ot 2024 on the file of the court of the l-} Additional Judicial Magistrate^{of First Classat. Husnabadand quashthe same} and order in Crl.MP No.207^{of 2024inCrime No.148of 2024.}

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l.A NO:2 oF 2024

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Petition under section 482^{of cr.P.cpraying that in thecircumstances} stated in the Memorandum^{of Groundsof criminalPetition,the High courtmay} be pleased to^grant interim^{custody of the vehiclesi.e., Tractor bearing} registration No.T-S-36-T-9314^{and the Trailer registrationNo. T5-36-T-9315} iniolved in FIR No.148^{ot 2024 on the file of KohedaPolice Station, Siddipet} District in favor of the^{petitioner, pending disposalof the abovecriminalpetition.}

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This Petition coming on for^{hearing,upon perusingtheMemorandum} -of Grounds of Criminal^{Petitionand upon hearingthe argumentsof Sri} VADLAKONDA RAVI KUMAR REDDY ,Advocate^{for the Petitionerand the} Assistant Public Prosecutor^{(TG) on behalfof the Sole Respondent.}

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The Court made the following: ORDER

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l I lr ll ti

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THD HOI{'BLE SMT.JUSTICE K. SUJANA CRJ MINAL PETITION No.lOO36 of2o24

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ORDER:

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This Criminal petition is filed against the order, dated 22.CtEr.2O24 passed in Crl.M.p.No.2O7 of 2024 in Crime No. t,18 of 2024 on the file of the Court of the learned LA,dditional Judicial Magistrate of First Class, Husnabad (lor short,^.trial CourtJ, seeking to release the said vehicle i.e., Tractor and Trailer bearing Nos.TS-36-'t 93 14 and T5-36_T_9315 involved in the commissior of offence in Cr.No.l4g of 2024 of Koheda Police Station, Siddipet District, punishable under Section 303(2) of tlrt: Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 ol the^prevention of Damage to public property (for short, ?DPPJ Act, 2023. The above petition is filed under Sectiol497 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for stcrt BNSSJ was dismissed on the ground that the accused used the subject vehicle in committing the same offencr: in several criminal cases.

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SI(S,J Crl.P.No.10036 of 2024

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2 Heard Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the petitioner ald Sri E. Ganesh, learned Assistant Public prosecutor for respondent_ State.

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The brief facts of the case are that the petitioner's vehicle has been seized and \ring in the custody of the learned trial Court, which is exposed to natural calamities and if the same is kept idle, there is every chance that the vehicle will get damaged as a result of which the petitioner will suffer irreparable loss. Due to the seizure of his vehicle, the petitioner is subjected to mental trauma. The petitioner is an innocent and law abiding citizen. If the said vehicle is not released, the petitioner will be put to severe hardship ald irreparable loss.

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4 l,earned counsel for the petitioner submitted that as per G.O.Ms.No.15, dated l9.O2.2OlS, the vehicle involved for illegal transport of sand without prior

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3 sKsJ CrLP.No.1OO36 oJ 2024

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permissiorr from the concerned authorities shall be released on payrnent of penalty for the vehicle and the vehicle inrrolved in the same offence in several crime cases, such vehicle/machinery along with sand sha_ll be seized/confi scated by the concerned officer in the State. Therefore, he prayed the Court to set aside the order and to release tte said vehicle till decision of the conhscation is taken by :he Court or by authorities concerned as per the said C.O. Therefore, the said vehicle may be returned to the petitioner, who is ready to give an undertaking and also a personal bond, and prayed the Court to allow the Criminal Petition.

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On .he other hand, learned Assistant public Prosecutor Ior respondent-State submitted that if the said vehick: is released, the petitioner will again involve in the sanrr: offence and further the said vehicle is involved in the same offence in similar cases. Due to the illegalities committed by the petitioner, the entire

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4 sI(s,J Crl.P-No.1OO36 of 2024

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environment is very much alfected. Under Section 2l(4Al in the Mines and Minerals (Development and Regulation) Act, 1957 (for short the Act, lgSZ), the specifically authorized competent Court to complete the conhscation proceedings. Therefore, he prayed the Court to dismiss the Criminal Petition.

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Having regard to the rival submissions arrd material on record, the said vehicle is involved in mining and transporting the sand illegally. Registering the Criminal Case will make little impact. The alternative scheme of confiscation proceedings has been provided to overcome the adverse consequences resulting in delay for disposal of the criminal prosecutions involving confiscation. The conf,rscation of the said vehicle is one of the effective tool for protecting the illegal mining and preserving the environment and under Section 21 (4A) of the Act, 1957, the Court taking cognizarce of the offence can confiscate. The Criminal prosecution and

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sKgJ Crl-P-No.10036 of 2024

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conliscatic)rr proceedings are parallel^{proceedings and} having distnct purpose and object. The same was dea-lt with by the Hon'ble Apex Court in the case of Divisional Forest O{Iicer v. G.V.Sudhakar Raor. The relevant portion of the said judgment is as follows:-

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'Criminal^proseantion is distinct from conJa;cqtion proceedings. The huo proc:eedings are different and parallel, each hau,;l'.g ct distinct purpose. Tle object of conJt;cation proceeding is to enable speedg and effectiue adjudication u.tith regard to conli:;cation of the produce and the means used for committing the offence uthile the object of the prosecution is to punish the offenCer. Tlw scheme of the Adhinigam pre:;cibes an independent procedure for conJl:;cation. Th.e intention of prescribing separate proceedings lb to prouide a dete'rrent mechanism and to stop further misu.;e of tlre uehicle."

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7 In ;pite of the stringent provisions available, illegal minirg activities increased. Section 21 (4A) of the Act, 195?' shows that the duty is cast upon the Investigating Officer or officers concerned who seized the

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SI(S,J Crl.P.No.1oo.36 of 2O24

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vehicle to initiate the confiscation proceedings before the trial Court. If the confiscation proceedings are initiated, the petition under Section 497 of BNSS Act, 2023 to seek interim custody is not maintainable. From the view 'law laid down in the case of State of Madhya pradesh v. Uday Singhz, it is clear that in the absence of initiation of the confiscation proceedings, the petition under Section 497 BNSS Act, 2023, to seek interim custody of the said vehicle is maintainable.

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In view of the submission made by the Iearned counsel for the petitioner that the petitioner will not use the subject vehicle for illegat transportation of sand in future, the Criminal petition is liable to be aflowed.

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Accordingly, the criminal petition is allowed with the following conditions:

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(i) The trial Court is directed to release the said vehicle i.e., Tractor and Trailer bearing

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'zozo^{tz scc133}

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SKS,J CrI.P.No.1O036 of 2O24

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{ I

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Nos.TS-36-T-9314 and T5-36-T-9315 to the petitioner and the petitioner shall execute a bond to the value of the said vehicle mentioned in the insurance certificate existed on the date of occurrence and also the petitioner shall deposit an amount of Rs.25,OOO/- to the credit of crime No.148 of 2024. On such deposit, the trial Court shall re-deposit the same in any one of the nationalized bank in the interest bearing account.

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(ii) The petitioner shall frle an afhdavit with specific undertaking that he shall not involve in any illegal mining or anv other offence and vehicle also will not be used in illegal mining or zrny other offence.

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(iii The photographs of the said vehicle is to be taken properly and the petitioner shall

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r<br>

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SI(S,J Crl.P.No.1OO36 oJ 2O24

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produce the said vehicle as and when

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required by the trial Court.

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(iv) The petitioner shall not alienate the vehicle till the disposal of confiscation proceedings.

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Miscellaneous applications, if any pending, shall

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also stand closed

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Sd/. P. PADMANABHA RE Y ASSIST REGIST

//TRUE COPY//

SECTION OFFICER

To,

1 . The I Additional Judicial First Class Magistrate ,Husnabad 2. The Station House Officer,Koheda police Station,siddipet District. 3. One CC to SRI VADLAKONDA RAV| KUMAR REDDY, Advocate [OpUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT]. 5. Two CD Copies

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AR/DL

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i I I II I jI I ! ! .

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<br>

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HIGH COURT DATED:09/09/2024

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ORDER

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