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2024 Supreme(Raj) 1366

ARUN MONGA
Sanjib @ Sanjiv S/o Shri Dhan Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. N.K.Gurjar
For the Respondents: Mr. Sumer Singh

Judgement Key Points

Based on the legal document provided, here are the key points:

  • The court ruled that vehicles seized under mining law must be released only if no confiscation proceedings are pending against them. (!) (!) (!)
  • If confiscation proceedings have not been initiated, the Magistrate can release the vehicle upon the owner furnishing a bank guarantee equivalent to the potential compensation or compounding fee. (!) (!) (!)
  • Once confiscation proceedings are initiated, the police or authorities cannot release, deliver, or dispose of the property until those proceedings conclude. (!) (!) (!)
  • The court directed police stations to verify with the respective Department whether any confiscation proceedings are ongoing before releasing vehicles like tractors, trucks, or dumpers. (!) (!)
  • If no confiscation proceedings exist but an appeal against a penalty order is pending, the court allowed the petitioner to file a fresh application for release on Superdari by depositing a bond equal to the current value of the vehicle. (!)
  • The bank guarantee deposited for the release must remain intact with the trial court until the final conclusion of the mining or forest law proceedings. (!)
  • Owners must provide an undertaking at the time of release that the vehicle will not be used for illegal purposes, and if a second offense occurs, the vehicle will not be released until confiscation proceedings end. (!) (!)

ORDER :

1. Under challenge herein is an order dated 17.05.2022 passed by learned Sessions Judge, Bhilwara, in Revision Petition No.95/2022, dismissing the revision petition, which was filed by the petitioner to assail another order dated 23.02.2022 passed by learned Judicial Magistrate, Bijoyla, District Bhilwara, pertaining to FIR No.16/2022, dated 04.01.2022 under Sections 379 IPC and 4/21 of MMDR Act, 1957.

2. Vide impugned orders, the release of the vehicles in question (Tractors); 1st Tractor bearing Engine No.CJ1354/MLO14422, Chesis No.MBNAK48AACMTM52036/21 and 2nd Tractor bearing Engine No.CJ1354/MLO14024 and Chesis No. MBNAK4AACMT52038/21 has been allowed upon furnishing bank guarantee to the tune of the fine/compounding amount imposed by the Mines/NGT Department.

3. Vehicle was impounded on 04.01.2022 and ever-since parked in police custody and needless to say it is deteriorating by each passing day and would turn into a complete junk if it continues to be in current condition.

4. Reference may be had to a judgment of this Court, titled Narayan Gadri Vs. State of Rajasthan: S.B. Criminal Misc. Petition No.6304/2021, dated 02.07.2024, which incidentally was rendered by me. Rele

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