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2021 Supreme(Raj) 1292

PANKAJ BHANDARI
Jitendra Meena S/o Shri Sharwan Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandeep Jain, Praveen Kumar Jain, Girraj P. Sharma, Suresh Kumar Dhenwal, K.K. Chhawal, Anil Upman, Bharat Yadav, I.P. Jakhar, Hemant Kumar Sharma, Kuldeep Kumar Sharma, Rajesh Kumar Sharma, Atul Kumar Jain, Aashish Nagarwal, Pallav Choudhary, D.D. Khandelwal, Ripu Daman Singh, Naruka, Pushpendra Kumar Pandey, Praveen Kumar Jain, Mukesh Kumar Meena, Rohit Khandelwal, Abdul Wahid Naqvi, Vinod Kumar Sharma, Lata Sharma, Dilip Singh, Dharmendra Gurjar, Deepak Khandenwal, Pawan Kumar Verma, Arvind Sharma, Raghuraj Singh Rajawat, Sangram Singh Shekhawat, Jiteshu Chugh, Shyam Bihari Gautam, Aditya Mishra, Dinesh Kumar Garg, S. Gaharana, Krishan Chander Sharma, Amitabh Vijaywargia, Vishivas Saini, Satish Kumar Khandelwal, Tarun Jain, Amit Dadhich, Brijesh Kumar Bhardwaj, Rajendra Prasad Yadav, Dheeraj Tripathi, Umashanker Pandey, S.L. Sharma, Hanish Khan, Vijendra Yadav, Rohan Jain, Rahul Agarwal, Kishan Swami Vishesh Gupta, Ajay Singh Yaduvanshi, Jiya Ur. Rahman, Umesh Dixit, Ashindra Gautam, Syed Shahid Hasan, Dushyant Singh Naruka, Brahm Singh Gurjar, Vikas Kabra, Mohit Pareek, Mahendra Sharma, Amit Ratnawat, Dev Krishna Purohit, Krishan Kant Sharma, Mahender Meena, Amit Jindal, Kailash Chander Sharma, Gordhan Singh Fauzdar, Mohar Pal Meena, Arpit Srivastava, Ashish Sharma, Manak Chand Jain, Bharat Raj Yogi, Raj Kumar Kasana, Sandeep Kumar, Maheshwari, Prahlad Sharma, Ram Rakh Sharma, Rajendra Singh Tanwar, M.S. Choudhary, Ajeet Singh Devanda, Shivraj Chauhan, Chaman Singh, S.N. Meena, Mohammad Aslam, Vijay Singh Yadav, Nawab Ai Rathore, Sanwar Mal, Girish Khandelwal, Kirodee Lal Meena, Harendra Singh, Surendra Singh Rajawat, Mukesh Kumar Goyal, Hari Krishana Sharma, Ramniwas Meena, Moti Lal Sharma, Manish K. Sharma, Timan Singh, Om Prakash Sharma, Avadesh Kumar Purohit, Dilip Singh Kurka, Khurshid Ahmed Khan, Jitendra Choudhary, Pawan Sharma, B.L. Dhakar, Aman Ali, Sumit Khandelwal, Ravindra Kumar Paliwal, H.C. Mourya, Teeka Ram Meena, Mahendra Kumar Naharwal, Kumud Singh, Bheem Singh Dabla, Sangram Singh Shekhawat, Ajeet Singh Devanda, Rajendra Yadav, Lakhan Singh Meena, R.B. Sharma, K.K. Bairwa, Jagdish Singh Chauhan, Chandarpal Singh Sujawat, Malkhan Chaturvedi, Mukesh Pal Jadoun, Ramawtar Meena, Vivek Joshi, Rajneesh Gupta, Dushyant Jain, Anil Kumar Jain, Anil Jain, Rajeev Bhushan Bansal, Mahendra Meena, Syed Ali Naqvi, Dinesh Pareek, Poonam Chand Sharma, Ashwani Kumar Kuswaha, Pankaj Kumar, Manish Kumar Sharma, Dushyant Jain, Sanjay Khan.
For the Respondents: M.S. Singhvi, Sheetanshu Sharma, Zakir Hussain, F.R. Meena.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court emphasizes the importance of parity in the treatment of wrongdoers involved in illegal mining activities, whether vehicles are seized by police or mining authorities (!) .

  2. The court recognizes that vehicles seized under various acts and rules, including the Mines and Minerals (Development and Regulation) Act, Motor Vehicles Act, Police Act, and Rajasthan Minor Mineral Concession Rules, are subject to different procedures for release. The court advocates for uniform conditions to be applied to ensure fairness (!) .

  3. The court notes that in cases where vehicles are seized by police authorities, the release procedures often do not include imposing costs related to minerals or fines, unlike those seized by mining authorities. This disparity is addressed by the court to maintain consistency (!) .

  4. The court permits the release of seized vehicles under certain conditions, such as the deposit of compounding fees, compensation as determined by the National Green Tribunal (NGT), and the cost of minerals. Additionally, an undertaking must be submitted by the petitioner that they will refrain from illegal mining in the future (!) (!) (!) .

  5. The court underscores that the primary aim is to prevent illegal mining and ecological damage. It emphasizes that offenders should not be allowed to escape liability merely by paying penalties, and that stringent conditions are necessary to act as deterrents (!) .

  6. The court clarifies that even if petitioners are willing to face trial, vehicles will only be released upon fulfilling the specified conditions, including payment of fines and costs, to ensure parity and discourage illegal activities (!) .

  7. The court acknowledges that vehicles seized under different acts can be dealt with in accordance with the relevant rules and that authorities such as the mining department are competent to impose conditions for release, including compounding offences and collecting fees and fines (!) .

  8. The court disposes of the petitions by allowing the release of vehicles after compliance with the prescribed conditions, which include depositing fees, fines, and submitting undertakings, thereby promoting effective deterrence against illegal mining activities (!) (!) .

  9. The court also highlights that proceedings in criminal cases will be disposed of once the conditions for release are fulfilled, without the need for quashing FIRs or proceedings, to balance justice and deterrence (!) .

  10. Overall, the decision aims to ensure equitable treatment of all wrongdoers involved in illegal mining, enforce compliance with environmental and legal standards, and strengthen deterrent measures to prevent future violations (!) (!) .

Please let me know if you need a detailed analysis or specific legal advice based on these points.


ORDER :

1. Defects, pointed out by the Registry, in any of the petitions, are waived.

2. First part of the present bunch of cases pertains to:

    (A) Vehicles seized by the police under Section 379 of IPC and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as “the Act of 1957”).

(B) Vehicles seized under Motor Vehicles Act.

(C) Vehicles seized under Section 38 of the Police Act and Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter referred to as “the Rules of 2017”) (hereinafter referred to as “the first category of cases”).

3. Second part of the present bunch of cases pertains to cases where the vehicles have been seized by the Mining Department under Section 4/21 of the Act and are being dealt with in accordance with Rules 54 & 60 of the Rules of 2017 (hereinafter referred to as “second category of cases”).

4. The petitioners had approached and prayed before the Court below for release of the vehicles under Sections 451 and 457 of Cr.P.C. but the same was rejected. Some of the petitioners thereafter preferred revisions, which also stand rejected by the Revisional Court.

5. On the last date, the counsel for the petitioners were

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