Point of Law: Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing, the same shall be liable to be seized by an officer or authority specially empowered in this behalf.

ORDER :

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Counsel for the parties agree that the controversy involved in this petition is covered by judgment passed by this Court in Kalu Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.4975/2021, decided on 18.09.2021), which reads as follows :-

“1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This criminal misc. petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:

“It is, therefore, humbly and respectfully prayed that this Criminal misc. petition of the Petitioner may kindly be allowed and the order dated 23.04.2021 in Criminal misc. application u/s 457 Cr.P.C. by which learned Additional Chief Judicial Magistrate Jahajpur, District Bhilwara, imposed the conditions and ordered to deposit the compounding fee within 15 days and rejected the prayer of the applicant/petitioner under section 457 of Cr.P.C. for releasing the seized vehicle, and against the order dated 13.08.2021 passed by the learned Additional Sessions Judge Shahpura camp Jahajpur, District Bhilwara (Raj.) in criminal revision no.28/2021 Kalu versus State, by which revision petition of the petitioner was rejected and affirmed the order passed by the A.C.J.M. Jahajpur, may kindly be quashed and set aside to the extent that order to the petitioner, for depositing the amount as pre condition and directions may kindly be issued to the respondents to release the vehicle trailor no. RJ 06 GB 8112, chassis number MBIUPDHDXGRTR6190, of the petitioner on supurdginama without insisting for payment of compounding/penalty amount.”

3. While taking into consideration the contextual facts of this case and upon a perusal of the record, this Court finds that the present case is covered by the judgment rendered by this Court in Kishore Singh Vs. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 3595/2021, decided alongwith other connected petitions, on 15.09.2021). The said judgment dated 15.09.2021 reads as under:

“1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. All these petitions have been preferred against the orders passed by the learned courts below, whereby the applications under Sections 451 & 457 Cr.P.C. filed by the petitioners seeking release of vehicles of different categories were rejected or allowed on condition of paying compounding fee, and therefore, looking to commonality of the issue involved herein, the present petitions have been heard together and are being decided by this common judgment.

3. The present petitions pertain to release of the vehicles of different categories, which have been seized by the respondents (State authorities), in various cases under the Mining Laws, namely, The Mines and Minerals (Development and Regulation) Act, 1957 and Rajasthan Minor Mineral Concession Rules, 2017; Forest Law, namely, the Rajasthan Forest Act, 1953; and the Indian Penal Code, in connection with illegal mining and unlawful transportation of mineral, like bajri/sand, coupled with unlawful possession of forest produce, and illegal transportation thereof.

4. The exercise of power under Sections 451 and 457 Cr.P.C. is under judicial scrutiny in these petitions, and the extraordinary strictness in the mining and forest laws to deal with the subject, are the core issues of the present adjudication.

5. Mr. Radheshyam Mankad, Mr. Rakesh Matoria, Mr. H.S. Rajpurohit, Mr. Trilok Joshi, Mr. Rakesh Arora, Mr. Abhishek Mehta, Mr. Bhawani Singh Mertia, Mr. Rohitash Sin