PATNA, India, Oct. 6 -- Patna High Court issued the following judgment on Sept. 8:

Heard learned counsel for the petitioner, learned counsel for the Department of Mines and learned counsel for the State.

2. The petitioner has approached this Court for quashing the order dated 15.05.2025 passed by learned C.J.M., Rohtas at Sasaram in Misc. Case No. 005 of 2025 and for further quashing the letter dated 28.03.2025 bearing letter no. Camp 01 issued by the Mining Inspector, Rohtas at Sasaram by which the truck of the petitioner bearing registration no. BR-24- GA-2205 has been seized and a fine of Rs.8,37,275/- has been imposed leveling the allegation of illegal mining and overloading. Further direction has been sought to the respondent authorities to release the truck bearing registration no. BR-24- GA-2205 in favour of the petitioner within a specified period.

3. Learned counsel for the petitioner submits that the truck of the petitioner bearing registration no. BR-24-GA-2205 was seized as it was allegedly found loaded with sand mixed soil. But the truck of the petitioner was carrying earth soil from the land of one Ramesh Singh and was not carrying sand mixed soil. Learned counsel further submits that from the report of the Mining inspector it appears, he seized the truck during transportation for being without any valid permit/challan. Learned counsel further submits that when the application was filed before the Court of learned Chief Judicial Magistrate, Rohtas at Sasaram, a report was called for from the S.H.O., Dhaudarh wherein it has been submitted by the S.H.O. that this truck was found parked besides the road and there was no driver so it was taken to the police station and the Mining as well as Motor Vehicles Inspectors were informed. The Mining Inspector came and seized the truck and imposed fine. The Motor Vehicles Inspector also imposed fine for overloading. The fine imposed by the Mining Inspector was Rs. 8,37,275/- and fine imposed by Motor Vehicles Inspector was Rs.64,500/-. Learned counsel thus submits that there was contradiction in the claim of the Mining Inspector as well as the S.H.O. of the concerned police station. If the truck was brought to the police station by the S.H.O., the claim of the Mining Inspector that the same was found transporting illegal sand soil is not correct. Learned counsel further submits that the vehicle is lying in the police station and is getting damaged everyday, so the truck may be released and the aforesaid orders be quashed and set aside.

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