Illegal sand mining: Bombay HC orders release of boats – Times of India

MUMBAI: Justice N J Jamadar of Bombay high court on May 2 directed release of boats of a farmer Farid Ubhare allegedly used for illegal excavation and transportation of sand in Konkan.
Ubhare had challenged orders passed by a judicial Magistrate and sessions court in Raigad, rejecting his applications for release of his vessels.
His counsel Mubin Solkar argued that both the lower courts had approached the issue with an incorrect perspective and erred in refusing to return the vessels without proof of ownership of the boats to the hilt.
The HC after hearing government lawyer A S Lohakare who opposed the petition observed that considering the nature of the property (vessels) keeping them at the shore would pose a risk to persons and property.
The courts ought to have considered that the vessels were seized from the Petitioner and no other person had claimed the boats, said Justice Jamadar and directed Ubhare to execute a bond of ₹7 lakhs and an undertaking that the vessels would not be used for illegal excavation of sand.
The HC said, “from the perusal of the FIR, it becomes clear that when the police were about to take action for the alleged unlawful extraction of the sand, the Petitioner had claimed ownership over the boats. It is true that the identification certificates were obtained subsequently. However, the fact that the boats were seized from the custody of the Petitioner, can hardly be put in contest. No other person has laid claim over the boats. Having regard to the nature of the property, keeping the boats on the shore poses risk to persons and property,” said the HC order.
“Judicial Magistrate as well as the Additional Sessions Judge fell in error in insisting for proof of ownership of boats, to the hilt. The fact that the boats were seized from the possession of the Petitioner ought to have taken into account. For the foregoing reasons, the impugned orders deserve to be quashed and set aside,” the HC concluded.