SHILLONG: High Court of Meghalaya on Friday set aside detention of coal-laden trucks by magistrate.
The court heard several review petitions of transporters of coal whose vehicles were seized by the magistrate.
Earlier, one of the petitioners had moved an application before the chief judicial magistrate, Ri Bhoi for the release of trucks as he was only a transporter.
The petitioner had claimed that he is only the carrier of the seized coal and that he had no role in the commission of the crime and that the alleged offence committed by the owner of the coal was without any knowledge of the transporter. The high court order was following several petitions of the transporters.
The court of Chief Justice Ajay Kumar Mittal ordered the lower court to pass fresh order keeping in view the principles and guidelines in accordance with law. The court also permitted the petitioner to approach the trial magistrate for release of vehicle under Section 451 CrPC, who will pass appropriate order keeping in view the legal proposition. According to section 451 CrPC, when any property is produced before any criminal court during any inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
The court also set aside circular of the Principal Chief Conservator of Forest and Head of Forest Force regarding the decision to seize trucks.
The high court observed that the order of the Tribunal on January 4 this year and the report of the related committee in its meeting held on January 11 nowhere directed that the judicial magistrates/criminal courts will not release the vehicles which have been seized carrying illegal coal. The court said the order of the Tribunal and the proceedings of the committee would not take away the power and jurisdiction of the magistrate to adjudicate on the issue of release of seized vehicles under Section 451 CrPC.
