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FARJAND ALI
Vinod S/o Shri Budha Ram – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
ORDER :
1. A Tractor trolley (RJ-19-RI-5772), stated to be source of livelihood of the petitioner/owner, was allegedly found stealthily transporting river sand ¼ctjh½. Allegation also is that it was un-authorizedly quarried/mined without any valid permission of sanction from the competent authority. The said offending vehicle is sought to be released on Superdari through instant petition. It was impounded pursuant to an FIR No.199/2024 registered at Police Station Pratap Nagar (Jodhpur City West), District Jodhpur City West for the offences under Sections 303(2) of BNS read with Sections 4 and 21 of Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter to be referred as ‘the 'MMDA').
2. Ever-since 24.07.2024, the vehicle in question is lying parked, turning into junk/beyond repair by each passing day, unattended and out of usage, at Police Station Pratap Nagar, District Jodhpur City West.
3. An application for release of vehicle on Superdari filed by the petitioner before the learned Magistrate was though allowed vide impugned order dated 12.09.2024, but an onerous condition of depositing the entire amount of penalty to the tune of Rs.1,25,900/-, which includes compound
The court established that vehicles seized for illegal mining can be released only if no confiscation proceedings are pending, ensuring compliance with mining laws.
The court established that vehicles seized for illegal mining can be released upon verification of confiscation proceedings and payment of penalties, ensuring compliance with mining laws.
Vehicles seized under mining laws may be released if no confiscation proceedings are initiated, contingent upon a bank guarantee for potential fees.
Vehicles seized under mining laws may be released if no confiscation proceedings are pending, subject to conditions including bank guarantees for potential fees.
Vehicles seized under mining laws may be released if no confiscation proceedings are initiated, contingent upon conditions including bank guarantees.
Vehicles seized under mining laws may be released only if no confiscation proceedings are initiated, with conditions for bank guarantees for potential fees.
Vehicles seized under mining laws can only be released if no confiscation proceedings are pending, with conditions including bank guarantees for compensation fees.
The power to release seized vehicles is vested with the concerned Magistrate, and the compounding fee can only be charged after trial completion.
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....
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