A JCB vehicle (RJ-19-EA-5065) was seized for allegedly quarrying river sand without valid permission, registered under FIR No.199/2024 for offences under BNS Section 303(2) read with MMDR Sections 4 and 21. (!) The vehicle has been lying unused at the police station since 24.07.2024, deteriorating over time. (!) The Magistrate allowed the petitioner's superdari application vide order dated 12.09.2024, but conditioned it on depositing Rs.3,33,500/- as penalty including compounded fee levied by the Mining Officer. (!) The criminal revision against the Magistrate's order was dismissed by the Sessions Judge on 04.10.2024. (!) Police intercepted the vehicle on 24.07.2024 while it was filling river sand into a tractor trolley from an unauthorized mining site. (!) (!) Penalty proceedings initiated under RMMCR Rule 54(3), calculating Rs.3,33,500/- based on quantity of sand, royalty per tonne, and compounding fee. (!) Superdari application under BNSS Section 503 filed before Magistrate, allowed subject to penalty deposit. (!) Vehicles seized under mining laws can be released by Magistrate with or without conditions, depending on confiscation proceedings status. (!) Uncertainty in the record regarding initiation of confiscation proceedings under RMMCR Rule 54(6). (!) Directions issued to verify if confiscation proceedings initiated; if yes, release only on payment of penalty and compounding fee. (!) (!) If no confiscation proceedings initiated and only appeal against penalty pending, petitioner at liberty to seek fresh superdari on furnishing bank guarantee equivalent to vehicle's current value, plus other conditions. (!)

Durga Ram S/o Shri Budha Ram vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1518

FARJAND ALI
Durga Ram S/o Shri Budha Ram – Appellant
Versus
State Of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Harish Gurjar, Mr. Tanay Jain, Mr. Harshwardhan Rajpurohit
For the Respondent: Mr. Vikram Singh Rajpurohit, Dy.GA, Mr. Ravindra Singh, Asstt. GA

Judgement Key Points

A JCB vehicle (RJ-19-EA-5065) was seized for allegedly quarrying river sand without valid permission, registered under FIR No.199/2024 for offences under BNS Section 303(2) read with MMDR Sections 4 and 21. (!)
The vehicle has been lying unused at the police station since 24.07.2024, deteriorating over time. (!)
The Magistrate allowed the petitioner's superdari application vide order dated 12.09.2024, but conditioned it on depositing Rs.3,33,500/- as penalty including compounded fee levied by the Mining Officer. (!)
The criminal revision against the Magistrate's order was dismissed by the Sessions Judge on 04.10.2024. (!)
Police intercepted the vehicle on 24.07.2024 while it was filling river sand into a tractor trolley from an unauthorized mining site. (!) (!)
Penalty proceedings initiated under RMMCR Rule 54(3), calculating Rs.3,33,500/- based on quantity of sand, royalty per tonne, and compounding fee. (!)
Superdari application under BNSS Section 503 filed before Magistrate, allowed subject to penalty deposit. (!)
Vehicles seized under mining laws can be released by Magistrate with or without conditions, depending on confiscation proceedings status. (!)
Uncertainty in the record regarding initiation of confiscation proceedings under RMMCR Rule 54(6). (!)
Directions issued to verify if confiscation proceedings initiated; if yes, release only on payment of penalty and compounding fee. (!) (!)
If no confiscation proceedings initiated and only appeal against penalty pending, petitioner at liberty to seek fresh superdari on furnishing bank guarantee equivalent to vehicle's current value, plus other conditions. (!)

ORDER :

1. A JCB (RJ-19-EA-5065), stated to be source of livelihood of the petitioner/owner, was allegedly found stealthily quarried/mined 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.3,33,500/-, which includes compounded fee, a

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2024 Supreme(Raj) 1518

FARJAND ALIDurga Ram S/o Shri Budha Ram – AppellantVersusState Of Rajasthan – Respondent

Cases Referred (2)

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FARJAND ALI
Durga Ram S/o Shri Budha Ram – Appellant
Versus
State Of Rajasthan – Respondent