ARUN MONGA
Sanjib @ Sanjiv S/o Shri Dhan Singh – Appellant
Versus
State Of Rajasthan – Respondent
Based on the legal document provided, here are the key points:
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
The court established that vehicles seized under mining law can only be released if no confiscation proceedings are pending.
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 a bank guarantee for potential fees.
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....
Vehicles seized under mining laws may be released only if no confiscation proceedings are initiated, with conditions for bank guarantees for potential fees.
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
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....
Vehicles seized under mining laws may be released if no confiscation proceedings are initiated, contingent upon conditions including bank guarantees.
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