RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Kalu - Appellant
Versus
State of Rajasthan - Respondent
Criminal Misc(Pet.) No. 4975 of 2021
Decided On : 18-09-2021
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:
3. While taking into consideration the contextual facts of this case and upon a perusal of the record, this Court finds that the present case is covered by the judgment rendered by this Court in Kishore Singh Vs. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 3595/2021, decided alongwith other connected petitions, on 15.09.2021). The said judgment dated 15.09.2021 reads as under:
2. All these petitions have been preferred against the orders passed by the learned courts below, whereby the applications under Sections 451 & 457 Cr.P.C. filed by the petitioners seeking release of vehicles of different categories were rejected or allowed on condition of paying compounding fee, and therefore, looking to commonality of the issue involved herein, the present petitions have been heard together and are being decided by this common judgment.
3. The present petitions pertain to release of the vehicles of different categories, which have been seized by the respondents (State authorities), in various cases under the Mining Laws, namely, The Mines and Minerals (Development and Regulation) Act, 1957 and Rajasthan Minor Mineral Concession Rules, 2017; Forest Law, namely, the RAJASTHAN FOREST ACT , 1953; and the Indian Penal Code, in connection with illegal mining and unlawful transportation of mineral, like bajri/sand, coupled with unlawful possession of forest produce, and illegal transportation thereof.
4. The exercise of power under Sections 4 51 and 457 Cr.P.C. is under judicial scrutiny in these petitions, and the extraordinary strictness in the mining and forest laws to deal with the subject, are the core issues of the present adjudication.
5. Mr. Radheshyam Mankad, Mr. Rakesh Matoria, Mr. H.S. Rajpurohit, Mr. Trilok Joshi, 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. D.S. Udawat, Mr. S.P. Sharma, Mr. Devki Nandan Vyas (on VC) and Mr. Jayant Joshi, Mr. Ripudaman Singh, learned counsels for the petitioners relied upon the judgments rendered by this Hon'ble Court at Jaipur Bench in Julfi Singh Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.397/2020) a long with other connected petitions, decided on 23.10.2020; Irfan Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.742/2021) a long with other connected petitions, decided on
Basavva Kom Dyamangouda Patil v. State of Mysore
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.