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2020 Supreme(Raj) 651

SANJEEV PRAKASH SHARMA
Ghanshyam Jaat – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Pushpendra Kumar Pandey, Aditya Mishra, Om Prakash Pareek, Ayush Gupta, M.L. Sharma, Amit Ratnawat, Atul Kumar Jain, Arpit Srivastava, Praveen Kumar Jain, Shyam Bihari Gautam, Avadesh Kumar Purohit, Amitabh Vijaywargia and Arvind Sharma
For the Respondents: Arvind Bhadu, PP

ORDER :

Sanjeev Prakash Sharma, J.

1. All these petitions relate to the prayer for release of tractors and trolleys, which have been seized by the Police Authorities/Mining Authorities/Forest Officials for various reasons including carrying "bazri", by way of illegal mining in Rajasthan and selling out the same etc.

2. All these petitions have been filed against the order passed by the concerned Magistrate whereby application under Section 451 & 457 Cr.P.C. for releasing of tractor and trolley was rejected and therefore, the same are being heard together.

3. Learned counsel for the petitioners have relied upon the judgment passed by this court in S.B. Criminal Misc. Petition No. 2723/2019 (Asharam & Ors. Vs. State of Rajasthan & connected misc. petitions) decided by common order dated 3.2.2020.

4. Learned counsel for the petitioners relied upon the order passed subsequently by this court in S.B. Criminal Misc. (Petition) NO. 2687/2020 (Nandlal Vs. State of Rajasthan) decided on 1.10.2020 to submit that vehicle should be released.

5. Learned counsel for the petitioners also rely upon the judgment passed in the case of Nathulal Vs. State of Rajasthan (S.B. Criminal Misc. Petition No. 2755/

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