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2021 Supreme(Raj) 60

SANJEEV PRAKASH SHARMA
Nathu Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Girish Khandelwal, Naveen Verma, Deepak Khandelwal, Praveen Kumar Jain, Narendra Singh Shekhawat, Abdul Kalam Khan, Amit Ratnawat, Ajeet Singh Devanda, Dushyant Jain, Kailash Chandra Sharma, Atul Kumar Jain, Raj Kumar Kasana, Vijendra Yadav, Asgar Khan, Deepak Kumar Sharma, Aditya Mishra, Arvind Sharma, Amit Dadhich, Sanjay Sharma, D.D. Khandelwal, Madhvendra Sharma, Brijesh Kumar Bhardwaj, Manish K. Sharma, Moti Lal Sharma, Abhi Goyal, Arpit Srivastava, Anirudh Singh Shekhawat, Sandeep Jain, Dinesh Pareek, Bharat Yadav, Mukesh Pal Jadoun, R.K. Gauttam, Rajendra Sharma, Yogesh Singhal, Vikas Kabra, Bharat Raj Yogi, Sandeep Kumar Maheshwari, Brahm Singh Gurjar, Mohar Pal Meena and Ashindra Gautam, Advocates.
For the Respondents: Ramesh Choudhary, P.P.

JUDGMENT :

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 : 2020 (2) RLW 1624.

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 M

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