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2025 Supreme(Online)(Raj) 10250

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
CHAINA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Sanjay Bishnoi, Mr. Aidan Choudhary, Mr. Girdhar Singh Bhati, Mr. Zeeshan Ali, Mr. Aslam Khan, Mr. Ashok Khilery, Mr. Vishal Sharma, Mr. Vikas Bijarnia with Mr. Ramavatar Tada, Mr. Mahaveer Bishnoi, AAG, Mr. Gaurav Bishnoi, AAAG, Mr. Lalit Gehlot

Judgement Key Points

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

  1. Vehicles seized for illegal mining can only be released upon payment of penalties if confiscation proceedings have been initiated. If no such proceedings are initiated, interim custody may be granted to the rightful owners. (!) (!) (!)
  2. The authorities have the legal power to initiate confiscation proceedings for vehicles involved in illegal mining activities. Vehicles can only be released after the payment of penalties and fines once these proceedings are underway. (!) (!)
  3. In the absence of confiscation proceedings, a criminal court may grant interim custody of the seized vehicles to the owners, provided certain conditions are met, such as furnishing a bank guarantee. (!) (!) (!)
  4. The court emphasized that the detention of vehicles without initiating confiscation proceedings is unlawful and that vehicles should not be kept detained indefinitely, as this causes deterioration and loss. (!) (!)
  5. The law requires that confiscation proceedings be initiated before vehicles can be permanently seized; otherwise, vehicles can be temporarily released on interim custody, but only after appropriate legal procedures are followed. (!) (!) (!)
  6. The court clarified that vehicles handed over on "supurdaginama" (temporary custody) can be taken back by the mining department if confiscation orders are later passed. (!)
  7. Petitioners are permitted to file fresh applications for vehicle release, which will be decided based on the principles outlined in the judgment. (!)
  8. The court disposed of all pending applications, affirming that the existing legal framework supports the initiation of confiscation proceedings and the granting of interim custody under specific circumstances. (!)
  9. The judgment underscores that the powers to initiate confiscation are vested in the authorities, and vehicles should not be detained beyond the procedural requirements of law. (!)
  10. The order aims to balance enforcement of mining laws with the rights of vehicle owners, ensuring lawful procedures are followed for vehicle release or confiscation. (!) (!)

Please let me know if you need further analysis or assistance.


Order

19/05/2025

1. All these petitions have been filed being aggrieved by the orders passed by the learned Courts below for release of vehicles of different categories, which have been seized by the respondents for violation of mining laws, on supurdaginama. By the said orders, the prayer for release of vehicles has either been rejected or has been allowed by putting onerous conditions of depositing the amount of penalty and compounded fee as levied by mining officer.

2. Learned counsel for the petitioners jointly submitted that the vehicles have been seized by the respondents for alleged illegal mining activity as per the provision of Rule 54 read with Rule 60 of Rajasthan Minor Mineral Concession Rule, 2017 and Section 4/21 of Mines and Minerals (Development and Regulation Act, 1957) read with Section 379 Indian Penal Code, 1860 . Learned counsel for the petitioners submitted that the petitioners being registered owners of the vehicles in question are entitled to get back the possession of the seized vehicles. There is no other person claiming supurdgi over the said vehicles. It was contended that the vehicles in question may be directed to be released in favour of the petitioners

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