STATE OF M.P. Vs. RAVI MOHAN TRIVEDI

JUDGEMENT

(1.) The present petition invoking the supervisory jurisdiction of this Court is filing under Article 226 of the Constitution assailing the order dtd. 4/3/2015 passed by Special Judge Bhind in Criminal Revision No.107/2014, whereby the revisional Court has upheld the interlocutory order passed for granting interim custody of sand during pendency of the trial in question.

(2.) Indisputably, the petitioner was holder of license to store sand at the relevant point of time. Fact reveal that on 13/7/2013 the Mining Department of District Bhind on inspection found the storage of sand to be done on various survey numbers apart from the survey number in regard to which license for storage was granted. This lead to issuance of show cause notice dtd. 16/7/2013 Annexure P/4. The petitioner preferred a reply Annexure P/5 to the show cause notice denying the alleged violation of law. 2.1 The wrongly stored sand was seized and offence u/R. 18 of Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 (for brevity "2006 Rules") was registered. The petitioner did not choose to compound the offence. The Judicial Magistrate concerned was intimated by the authorized person. Thereafter the petitioner preferred an application on 13/3/2014 u/S. 457 Cr.P.C. seeking interim custody of 194516 cu.m. of sand. The Trial Court by the impugned order dtd. 24/4/2014 allowed the application and directed release of 194516 cu.m. of sand out of total seized sand of 438646 cu.m. and directed confiscation of the remaining seized sand and to liquidate the same by conducting auction and depositing the sale proceeds with the Trial Court. The State, aggrieved by the order of interim custody preferred a revision which has been dismissed by the impugned order dtd. 4/3/2015 and thus the petitioner is before this Court under Article 227 of the Constitution.

(3.) Learned counsel for the rival parties are heard on final disposal.