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PUSHPENDRA SINGH BHATI
Kalu – Appellant
Versus
State of Rajasthan – Respondent
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. This criminal misc. petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:
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....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
The main legal point established in the judgment is the power of the Mining Engineer to seize the vehicle and the authority of the concerned Magistrate to release the seized vehicle under certain con....
The concerned Magistrate has the power to release the vehicle under Sections 457 Cr.P.C. unless the goods/vehicle have been confiscated. Prompt exercise of powers under Section 451 Cr.P.C. is importa....
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
The court established that vehicle release is permissible only when no confiscation proceedings are initiated, with conditions for compensation to secure future claims.
The central legal point established in the judgment is the release of vehicles under mining and forest laws, emphasizing the need for compensation/compounding fee and bank guarantee until the conclus....
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