The counsel appearing for the petitioner submitted that the Parthibanur police have registered a case and seized the petitioner’s vehicle for involvement in illegal transportation of sand. A division bench of justices M S Ramesh and B Pugalendhi said that while hearing a batch of cases filed in 2017, a division bench of this court, issued various directions on this aspect. The order of the division bench was challenged by the government before the Supreme Court and the same were disposed of, by directing the petitioners to file review applications before HC.

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Only designated courts can release seized vehicles: HC
TNN | May 15, 2021, 04:22 IST

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Madurai: Dismissing a plea which sought release of a vehicle which was seized for illegal transportation of sand, the Madras high court has held that only designated courts have powers to release such vehicles under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957.
The court was hearing a petition filed by Murugan who sought to release his tractor and trailer which were seized by the authorities in Ramanathapuram district.

The counsel appearing for the petitioner submitted that the Parthibanur police have registered a case and seized the petitioner’s vehicle for involvement in illegal transportation of sand. A division bench of justices M S Ramesh and B Pugalendhi said that while hearing a batch of cases filed in 2017, a division bench of this court, issued various directions on this aspect. The order of the division bench was challenged by the government before the Supreme Court and the same were disposed of, by directing the petitioners to file review applications before HC.

The judges said a division bench of this court in 2019 dismissed the review application and issued a series of directions which included that the designated courts are directed to deal with the question of confiscation or release of the vehicles on receipt of the private complaint or seizure report from the person authorized, notwithstanding the exercise of power of compounding.
The judges observed that pursuant to the directions of the division bench in the review applications, the state government also issued a GO dated August 5, 2020, issuing directions to the revenue, forest and police departments on seizure of vehicles and compounding of offences. Dismissing the petition, the judges said that it is open to the petitioner to approach the designated court by filing appropriate application for interim custody of the vehicle pending confiscation proceedings, if any.
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