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2021 Supreme(Raj) 229

SANJEEV PRAKASH SHARMA
Vishvendra Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Deepak Khandelwal, Mr. Dushyant Jain, Mr. Arvind Sharma, Mr. Amit Dadhich, Mr. Praveen Kumar Jain, Mr. Brijesh Kumar Bhardwaj, Mr. Moti Lal Sharma, Mr. Avadesh Kumar Purohit, Mr. Manish K Sharma, Mr. Sandeep Jain, Ms. Priya Pareek, Mr. Amitabh Vijaywargia, Mr. Rajendra Sharma, Mr. Sumit Kumar Jain, Mr. Ashindra Gautam, Mr. Sanjay Khan, for the Appellant; Mr. Ramesh Choudhary, PP, for the Respondent.

JUDGMENT

1. All these petitions have been filed by the petitioners praying for release of Dumper/Truck/Trailer, which were seized, while doing illegal mining. The details of the concerned vehicle are being shown in the annexed Schedule-"A" to this order as per their respective petitions.

2. The release of vehicle has been examined at length by the Supreme Court in the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat: (2002) 10 SCC 283, which has been followed by this Court in Asharam Versus State of Rajasthan: S.B. Criminal Misc. Petition No.2723/2019 along with connected cases decided on 3.2.2020 and Nathulal Versus State of Rajasthan: S.B. Criminal Misc. Petition No.2755/2020 decided on 01.10.2020. In the case of Asharam (supra), the Court has held as under:

    "11. In the aforesaid background, this Court finds that while it is true that a vehicle should not be allowed to get rusted in Police Station and the same ought to be released for its better maintenance and proper use. Several suggestions were given out by the Officers of the Transport Department as well as by the Mining Department for laying down the conditions before release of the seized tractors, trolleys and

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