Judgment

Reportable Reserved on 07/09/2021 Pronounced on 15/09/2021

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. All these petitions have been preferred against the orders passed by the learned courts below, whereby the applications under Sections 451 & 457 Cr.P.C. filed by the petitioners seeking release of vehicles of different categories were rejected or allowed on condition of paying compounding fee, and therefore, looking to commonality of the issue involved herein, the present petitions have been heard together and are being decided by this common judgment.

3. The present petitions pertain to release of the vehicles of different categories, which have been seized by the respondents (State authorities), in various cases under the Mining Laws, namely, The Mines and Minerals (Development and Regulation) Act, 1957 and Rajasthan Minor Mineral Concession Rules, 2017; Forest Law, namely, the Rajasthan Forest Act, 1953; and the Indian Penal Code, in connection with illegal mining and unlawful transportation of mineral, like bajri/sand, coupled with unlawful possession of forest produce, and illegal transportation thereof.

4. The exercise of power under Sections 451 and 457 Cr.P.C. is under judicial scrutiny in these petitions, and the extraordinary strictness in the mining and forest laws to deal with the subject, are the core issues of the present adjudication.

5. Mr. Radheshyam Mankad, Mr. Rakesh Matoria, Mr. H.S. Rajpurohit, Mr. Trilok Joshi, Mr. Rakesh Arora, Mr. Abhishek Mehta, Mr. Bhawani Singh Mertia, Mr. Rohitash Singh Rathore, Mr. Shrey Gaharan (on VC), Mr. Mohan Ram Choudhary, Ms. Manjula Choudhary, Mr. Akash Goyal, Mr. Ramdeen Choudhary, Mr. D.S. Udawat, Mr. S.P. Sharma, Mr. Devki Nandan Vyas (on VC) and Mr. Jayant Joshi, Mr. Ripudaman Singh, learned counsels for the petitioners relied upon the judgments rendered by this Hon’ble Court at Jaipur Bench in Julfi Singh Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.397/2020) alongwith other connected petitions, decided on 23.10.2020; Irfan Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.742/2021)

alongwith other connected petitions, decided on 16.02.2021.

6. Learned counsels for the petitioners further relied upon the judgment rendered by this Hon’ble Court at Jaipur Bench in Asharam & Ors. Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2723/2019), alongwith other connected petitions, decided on 03.02.2020; and Nandlal Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2687/2020, decided on

01.10.2020).

7. Learned counsels for the petitioners have also relied upon the precedent law laid down by the Hon’ble Supreme Court in Sunderbhai Ambalal Desai & Ors. Vs. State of Gujarat, reported in (2002) 10 SCC 283, and the judgment rendered by a Division Bench of this Hon’ble Court at Jaipur Bench in Harun Vs. State of Rajasthan (D.B. Criminal Misc. Petition No.76/2014), alongwith other connected petitions, decided on

23.07.2015.

8. The core provisions relevant for the present adjudication are sub-rules (3), (4), (5), (6), (7) & 8 of Rule 54 of the Rajasthan Minor Mineral Concession Rules, 2017; Section 52 to 56, 60 & 68 of the Rajasthan Forest Act, 1953. The said provisions are reproduced as hereunder:

Sub-rules (3), (4), (5), (6), (7) & 8 of Rule 54 of the Rajasthan Minor Mineral Concession Rules, 2017:

“54. Illegal mining, transportation and storage of minerals. -

(1) . . . . . . .

(2) . . . . .

(3) Whoever contravenes the provisions of sub-rule (1) and (2) shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five lacs rupees, or with both:

Provided that the Additional Director Mines, Superintending Mining Engineer, Superintending Mining Engineer(vigilance), Mining Engineer, Mining Engineer (vigilance), Assistant Mining Engineer, Assistant Mining Engineer (vigilance), Mines Foreman, Surveyor or