Order

04/03/2025

1. The instant criminal miscellaneous petition under Section 528 of BNSS/482 of Cr.P.C. has been preferred by the petitioner against the order dated 01.02.2024 passed by the learned Additional Judicial Magistrate, Sheoganj (Sirohi), whereby the learned Judge accepted the application filed by the petitioner for releasing the vehicle Tractor registration No.RJ-24-RA-9905 but imposed condition upon the petitioner to deposit Rs.1,25,000/-.

Hence, the instant Misc. Petition.

2. Learned counsel for the petitioner submits that the petitioner is a registered owner and is entitled to get back the possession of the vehicle in question. There is no other claimant. If the vehicle is stationed in the Police station premises, the condition of vehicle will deteriorate and the same would be a national loss.

3. Learned Public Prosecutor opposed the submissions made by counsel for the petitioner.

4. I have heard and considered the submissions advanced at the Bar and gone through the order impugned as well as the material made available to the Court.

5. Since the confiscation proceeding has not be instituted, therefore, ordering paying of compound amount and loss of environment and penalty, would not be justifiable. The Para No.4 of the order under challenge revealing that on the date of order, the confiscation proceeding was not undertaken. The criminal courts are not supposed to act on behalf of the Mining Department. Until it makes ascertainment of unlawful mining and after following due process, penalty or compound fee etc. are imposed, interim custody of the vehicle can be given back to the registered owner or the person best entitled to get back the possession of property just with a view to avoid its unnecessary deterioration. The Mining Department is not precluded from initiating inquiry, imposing penalty etc. or doing confiscation proceeding. They are free and at liberty to do all the things in accordance with law. Even if releasing the vehicle in favour of any person as an interim measure, the amount imposed by the Department can be recovered from the owner or the person responsible for wrong doing. It is not the way and so also not would be a justifiable action to keep the vehicle detained until Department proceedings are undertaken, guilt is ascertained or penalty is imposed. As on date, there is no other person claiming supurdagi of the vehicle.

6. In view of the above and considering that the condition imposed by the court below regarding deposition of Rs.1,25,000/-, is harsh and onerous, this Court is of the view that there is no requirement of furnishing the same, thus, it is deemed just and appropriate to allow the instant misc. Petition.

7. Accordingly, the instant misc. petition is allowed. The order dated 01.02.2024 passed by the learned Additional Judicial Magistrate, Sheoganj (Sirohi) is modified to the extent that the condition of deposition of Rs.1,25,000/- is struck down, rest part of the order shall remain as it is. The vehicle shall be released upon furnishing supurdginama and surety as directed by the Court below. It is further made clear that if any compounding fees is pending with the Mining Department, the same shall be paid by the petitioner and if he fails, recovery proceeding can be initiated.

8. Stay petition as well as pending applications, if any, stands disposed of.

(FARJAND ALI),J

45-divya/-