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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Girraj Meena S/o Shri Nathu Meena – Appellant
Versus
State of Rajasthan – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. court consolidates related petitions. (Para 1) |
| 2. appreciation for amicus curiae assistance. (Para 2) |
| 3. legal context of seizure of vehicles. (Para 3) |
| 4. arguments favoring vehicle release. (Para 4 , 6) |
| 5. vehicles not being utilized efficiently. (Para 5) |
| 6. counterarguments against vehicle release. (Para 7) |
| 7. court maintains parity in vehicle cases. (Para 8 , 9) |
| 8. magistrate's authority regarding vehicle release. (Para 10 , 11) |
| 9. conditions for releasing vehicles. (Para 12) |
| 10. conclusion and disposal of the petitions. (Para 13) |
JUDGMENT :
SAMEER JAIN
1. In view of the intertwined nature of the controversy involved, coupled with the identical factual matrix emerging in the present matters, and as the instant batch of petitions have been filed claiming identical reliefs with consent of the learned counsel representing various parties, the instant batch of petitions have been heard analogously and are being decided by this common judgment. It is made cautiously clear that the present judgment shall be applicable on mutatis mutandis basis on all the petitions connected herein, and for the sake of handiness with consent of learned counsel appearing for various parties SBCRL
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
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....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
The concerned Magistrate has the power to release the vehicle under Sections 457 Cr.P.C. unless the goods/vehicle have been confiscated. Prompt exercise of powers under Section 451 Cr.P.C. is importa....
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....
The main legal point established is that under Section 457 of Cr.P.C., a court may allow the interim release of a seized vehicle with specific conditions, considering the practical problems faced by ....
The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
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