1
LAIRENM
Digitally signed by Item No. 40
AYUM
LAIRENMAYUM
IN THE HIGH COURT OF MANIPUR
INDRAJEET SINGH
INDRAJE
Date: 2024.02.01
AT IMPHAL
15:14:31 +05'30'
ET SINGH
MC(PIL) No. 1 of 2024
Laimayum Dhana Singh
Applicant
Vs.
State of Manipur & 14 ors.
Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON’BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
31.01.2024
Siddharth Mridul, C.J.:
Mr. H.S. Paonam, learned senior counsel, appears on behalf of the
applicant; and Mr. Lenin Hijam, learned A.G., appears on behalf of the State.
The present application has been instituted on behalf of the applicant,
Laimayum Dhana Singh, praying as follows:-
In the above facts and circumstances, it is, therefore, respectfully
“
prayed that, Your Lordships may graciously be pleased to:-
iii) release the seize vehicle i.e. JCB 3DX Super bearing Regn. No.
MN06T2154, date of Regn. 9-9-2021, Regn validity 8-9-2023, Chassis No.
HAR3DXU4C02878916 and Engine No. H00310240 which was seized by
the Internal Task Force, DIC on 25-5-2022 at 2 pm from Sekmai (National
Highway No. 32) immediately in terms of the order dated 21-10-2023
passed in PIL No. 5 of 2019 and MC(PIL) No. 21 of 2022 and others or
pass appropriate orders for release of the vehicle of the applicant in
accordance with law;
AND
iv) pass any such further order (s) or direction (s) as to this Hon’ble Court
deem fit and proper to secure the ends of Justice.
”
Our attention has been invited to the order passed by this Court on
20.10.2023 in PIL No. 5 of 2019 & MC(PIL) No. 21 of 2022 and ors., wherein it was
directed as follows:-
Regarding those cases mentioned in Table B when FIRs
“[12] –
have not been registered, this court is of the view that these applications
can be considered in term of the undertaking given by them in the form
of affidavit. Accordingly, the applications stand disposed of with the
following directions:
2
1. the applicants shall not carry on the business of lifting sand
and stone for selling until the permit is issued by the state government
in accorded with law and
2. the applicants shall co-operate with the investigation.
3. the applicants shall deposit a sum of Rs. 10,000/- (Ten
Thousand only) for Truck and Tractor and Rs. 20,000/- (Twenty
Thousand only) for Excavator and earth mover vehicles such as JCB,
Poclain, etc to the Manipur High Court Legal Services Committee.
4. the direction above shall complied with within 2 weeks from
the date of receipt of copy of this order.
5. On submission of the requisite undertaking and proof of
deposit of amount as indicated above, the vehicles shall be released to
the owners/applicants.”
In view of the foregoing, it is urged by Mr. H.S. Paonam, learned
senior counsel appearing on behalf of the applicant, that since it is the stand of
the State of Manipur that an FIR has been registered against the applicant in
relation to the subject vehicle, Rs. 20,000/- (Twenty thousand) deposited by
him to the High Court Legal Service Committee, High Court of Manipur at
Imphal, be refunded to them whilst also granting liberty to file an appropriate
proceeding before the Special Court (MMDR), Manipur, seeking the relief prayed
for in the application.
Mr. Lenin Hijam, learned Advocate General appearing on behalf of
the State of Manipur, fairly does not oppose this application in view of the stand
that an FIR has been registered against the applicant in the relation to the
subject case.
In view of the foregoing, the application is disposed of with the
direction to the authority to refund Rs. 20,000/- (Twenty thousand) and further
the applicant is granted liberty to approach the Special Court in terms of the
directions issued by this Court vide order dated 20.10.2023 in accordance with
law for the relief prayed for in the application.
JUDGE CHIEF JUSTICE
Indrajeet