IMPORTANT POINT
The court established that vehicles seized under mining law can only be released if no confiscation proceedings are pending.

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. Relevant thereof, being apposite, is reproduced hereinabove:-

“7. At the very outset, before proceeding further, it would be worthwhile to refer to a judgment rendered by the coordinate Bench of this Court in somewhat similar circumstances in case title Kishore Singh Vs. State of Rajasthan : (2021) 0 Supreme (Raj.) 139 speaking for this Court, my learned Brother Dr. Pushpendra Singh Bhati, J. opined thus:-

“25. This Court, on a careful examination of the precedent laws in an intricate manner, finds that the precedent laws of Sunderbhai Ambalal Desai & Ors. Vs. State of Gujarat (supra) and Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam Singh (supra), as laid down by the Hon’ble Supreme Court, shall govern the field, and thus, the vehicles seized under the mining law and the forest law, shall be released, upon charging the compensation/compounding fee or without charging the compensation/compounding fee, only and only, if the confiscation proceedings in regard thereto have not been initiated by the State authorities. It is to be noted that both mining and the forest laws have the provisions for confiscation proceedings.

26. It is also observed that until the confiscation proceedings are initiated, the Magistrate concerned shall have the power to release the vehicle(s) with or without condition of deposition of compensation/compounding fee, but the Magistrate concerned shall be required to impose a condition of furnishing of a bank guarantee, so as to secure the compensation/compounding fee, if required to be levied in future, after completion of the proceedings.

27. It is made clear that once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made, in view of the law laid down in Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam Singh (supra).

28. Thus, while parting with the present controversy, it is directed that all the police stations shall release the vehicles in question, may it be tractor, trolley, truck, dumper to the registered owners of the said vehicles, after confirming from the respective Department that there is no confiscation proceeding, under the mining or forest laws, going on in regard to the vehicles in question.

29. To ensure that after undergoing the proceedings, the concerned parties i.e. registered owners of the vehicles in question shall be paying the requisite compensation/compounding fee, it is directed that the active bank guarantee, equivalent to the compensation/ compounding fee, shall be deposited by the registered owners before the trial court before release of the vehicles in question.

30. It is also directed that after such bank guarantee equivalent to the compensation/compounding fee is deposited before the trial court concerned, to which the concerned pol