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2025 Supreme(Online)(Raj) 14116

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mukesh Rajpurohit, J
Raju Lal Mali – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vivek Sharma
For the Respondents: Mr. Narendra Singh, PP

Judgement Key Points

Based on the provided legal document, the key legal principles regarding the release and custody of vehicles seized in connection with illegal mining are as follows:

  1. Confiscation Proceedings are Mandatory for Release:
    A vehicle seized for illegal mining cannot be released without the initiation of confiscation proceedings under the relevant mining laws. If such proceedings have not been initiated, the vehicle must remain detained, and its release is not permissible (!) .

  2. Interim Custody is Possible without Confiscation Proceedings:
    If confiscation proceedings have not been initiated, the court may grant interim custody of the vehicle to the owner. This interim custody is subject to certain conditions, such as furnishing a bank guarantee of the current value of the vehicle and ensuring the vehicle is used lawfully during the interim period (!) (!) .

  3. Procedural Formalities and Court Orders:
    The competent criminal court has the authority to hand over interim custody to the vehicle owner, but only if no confiscation proceedings are ongoing. Once confiscation proceedings are initiated and a confiscation order is passed, the vehicle cannot be released on supurdaginama (bail or temporary release) (!) .

  4. Legal Limitations on Detention Duration:
    Vehicles should not be detained indefinitely when confiscation proceedings are pending or have not been initiated. Detaining vehicles without proper legal procedures can cause deterioration of the property and is contrary to legal principles (!) (!) .

  5. Authority of the Mining Department:
    The mining authorities are responsible for initiating confiscation proceedings in cases of illegal mining. The criminal court's role is to facilitate interim custody but not to delay the vehicle’s return when no confiscation process exists (!) .

  6. Procedure for Release:
    When confiscation proceedings are not yet initiated, the owner may approach the criminal court for interim custody. The court may grant this upon the owner providing a guarantee and surety, until the confiscation process is completed or the case is resolved (!) (!) .

In summary, the legal framework emphasizes that the initiation of confiscation proceedings is a prerequisite for the permanent release of seized vehicles involved in illegal mining. In the absence of such proceedings, courts may grant interim custody to the owner under appropriate conditions, ensuring the property is not kept detained arbitrarily or indefinitely.


Table of Content
1. petitioner aggrieved by vehicle seizure. (Para 1 , 2)
2. arguments regarding vehicle's illegal use and conditions for release. (Para 3 , 4)
3. judgment outcome permitting interim vehicle custody. (Para 5 , 10)
4. legal principles on vehicle custody under mining laws. (Para 6 , 8)

Order

08/08/2025

1. This petition has been filed by the petitioner being aggrieved by the order passed by the learned Court below for release of vehicles in question, which has been seized by the respondent for violation of mining laws, on supurdaginama. By the said order, the prayer for release of vehicle 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 petitioner has submitted that the vehicle in question has been seized by the respondent 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 . It is further submitted that the petitioner being registered o

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