Advocates:
Advocate Appeared:
For the Petitioner: Mr. D.S. Udawat, Mr. S.P. Sharma, Mr. Radheshyam Mankad, Mr. Rakesh Matoria, Mr. H.S. Rajpurohit, Mr. Trilok Joshi, Mr. Naresh Singh for Mr. Rakesh Arora, Mr. Abhishek Mehta, Mr. Bhawani Singh Mertia, Mr. Rohitash Singh Rathore, Mr. Shrey Gaharan (on VC), Mr. Mohan Ram Choudhary, Ms. Manjula Choudhary, Mr. Akash Goyal, Mr. Ramdeen Choudhary, Mr. Ashok Kumar for Mr.Vineet Jain, Mr. Devki Nandan Vyas (on VC), Mr. Jayant Joshi,Mr. Ripudaman Singh,
For the Respondent: Mr. Digvijay Singh Jasol, Mr. Mahipal Bishnoi

Based on the legal document provided, here are the key points regarding the release of vehicles seized during illegal mining and forest offenses:

• Jurisdictional Shift upon Reporting: Once the officer who seized the vehicle reports the seizure to their superior officer and the Magistrate having jurisdiction (within 72 hours), the seizing officer loses the power to release the vehicle. The power to release then vests solely with the Magistrate (!) .
• Condition for Release: Vehicles seized under mining laws (MMDR Act, RMMC Rules) and forest laws (Rajasthan Forest Act) can be released by the Magistrate under Sections 451 and 457 of the Cr.P.C., either with or without the condition of depositing a compounding fee (!) (!) .
• Requirement of Bank Guarantee: To ensure future payment of compounding fees, the Magistrate must direct the registered owner to deposit an active bank guarantee equivalent to the estimated compensation/compounding fee before releasing the vehicle (!) (!) .
• Security of Bank Guarantee: The bank guarantee must remain intact with the trial court until the conclusion of all confiscation proceedings. The disposal of the guarantee is governed by the final orders of the competent court after the proceedings end (!) .
• Undertaking and Vehicle Verification: Petitioners must furnish photographs of their vehicles (showing number, color, etc.) and provide an undertaking before the trial court that they will not use the vehicle for any illegal purpose. If a second offense is committed using the same vehicle, it will not be released until confiscation proceedings conclude (!) .
• Bar on Release if Confiscation Initiated: If the State authorities have already initiated formal confiscation proceedings under the relevant Acts (e.g., Section 21(4A) of MMDR Act or Section 52/55 of Rajasthan Forest Act), the possession, delivery, disposal, or distribution of the property cannot be made (!) .
• Specific Rules on Seizure and Release:
  • Mining Rules (2017): Officers can release vehicles upon payment of mineral cost and compounding fees. If not released, a report must be made to the superior and Magistrate within 72 hours; thereafter, only the Magistrate can order release (!) (!) (!) .
  • Forest Act: Property seized under Section 52 may be released by a Forest Officer (Rank not inferior to Ranger) on the execution of a bond for production of the property, or upon payment of the estimated value (!) (!) .
• Precedent Law: The judgment relies on the Supreme Court's decision in Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam Singh, which holds that once confiscation proceedings are initiated, no orders for possession or delivery of the property should be passed (!) (!) . It also cites Sunderbhai Ambalal Desai regarding the practical difficulties of holding vehicles and the need for their release upon appropriate security (!) .