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2021 Supreme(Raj) 320

SANJEEV PRAKASH SHARMA
Irfan – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Manish K Sharma, Mr. Aditya Mishra, Mr. Mukesh Kumar Meena, Mr. Praveen Kumar Jain, Mr. Moti Lal Sharma, Mr. Arshabh Sharma, Mr. Brijesh Kumar Bhardwaj, Mr. Ashindra Gautam, Mr. Arpit Srivastava, Mr. Deepak Khandelwal, Mr. Sanjay Khan, for the Appellant; Mr. Prashant Sharma, PP, for the Respondent.

JUDGMENT

1. All these petitions relate to the prayer for release of tractors and trolleys/trucks/dumper/trailer, 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 Sections 451 & 457 Cr.P.C for releasing of tractor and trolley/Truck/Trailer/Dumper were rejected and therefore, the same are being heard together.

3. The question regarding grant of release of vehicles has been examined at length 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 wherein this Court has held as under:-

    "1. Since the controversy involved in this batch of criminal misc. petitions is similar, therefore, the same cases, the illegal transportation is being found of other minerals without obtaining are being heard together and decided by this common order.

2. The petitioners, in these criminal misc. petitions, have prayed for release of the

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