HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3849/2022

Deva Ram S/o Shri Madan Ram, Aged About 32 Years, B/c Jat,

R/o Berawas, Tehsil Khinwsar, District Nagaur (Raj.)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Mangi Lal

For Respondent(s)

:

Mr. Mool Singh Bhati, P. P.

Mr. D. S. Jasol

JUSTICE DINESH MEHTA

Order

26/07/2022

1.

By way of this criminal misc. petition under Section 482 of

the Code of Criminal Procedure, the accused-petitioner has

approached this Court against the order dated 16.06.2022 passed

by learned Additional Sessions Judge No.7, Jodhpur Metropolitan,

Jodhpur (hereinafter referred to as the ‘Revisional Court’) in

Criminal Revision Petition No.43/2022 whereby the order dated

25.05.2022 passed by learned Additional Civil Judge and

Metropolitan Magistrate, Jodhpur Metropolitan, Jodhpur

(hereinafter referred to as the ‘trial Court’) has been upheld.

2.

Facts appertain for the present purposes are that the

petitioner’s dumper (No.RJ-21-GB-2538) was intercepted and

seized by the SHO, Police Station, Dangiyawas, District Jodhpur.

3.

While preparing seizure memo, reference of violation of

provisions of Section 207 of Motor Vehicles Act, 1988 (hereinafter

(2 of 3)

[CRLMP-3849/2022]

referred to as the ‘Act of 1988’) alone was given as the petitioner

was not having statutory documents.

4.

The petitioner moved an application before the jurisdictional

Magistrate, who had ordered to release the vehicle, as the

petitioner had deposited the fine imposed under the provisions of

Act of 1988.

5.

When the petitioner appeared before the concerned SHO for

getting the vehicle released, the SHO realised that dumper was

filled with river sand Bajri and due to human error, the provisions

of Rajasthan Minor and Mineral Concession Rules, 2017 for

excavation of Bajri, had not been mentioned in the seizure memo

prepared earlier.

6.

Such being the position, the concerned SHO refused to

release the vehicle in question, whereafter petitioner moved a

contempt petition before the trial Court. The trial Court vide order

dated 25.05.2022 dismissed the contempt petition and refused to

release the vehicle in question upon coming to know of the fact

that Bajri was loaded and thus, proceedings are to be taken by the

Mining Department.

7.

Thereafter, the petitioner preferred a revision petition before

the Revisional Court, which rejected the revision petition by its

order dated 16.06.2022 inter alia observing that the vehicle in

question was loaded with river sand (Bajri), the proceedings under

the provisions of Rajasthan Minor and Mineral Concession Rules,

2017 in this regard should be initiated by Mining Department,

Jodhpur and the vehicle would be released only after petitioner

deposits royalty and other applicable amount.

9.

Learned counsel for the petitioner submitted that in the

period interregnum, the Mining Department has issued a demand

(3 of 3)

[CRLMP-3849/2022]

notice of Rs.2,12,600/-, which the petitioner has deposited on

25.06.2022.

10.

Though the petition has been practically rendered

infructuous, however, the same is being disposed of with a

direction to the SHO, Police Station, Dangiyawas, Jodhpur to

release the petitioner’s dumper (No.RJ-21-GB-2538) forthwith.

11.

The petitioner will be free to avail his remedies against

demand of Rs.2,12,600/- and in case he succeeds, the amount of

Rs.2,12,600/- shall be refunded along with interest @ 6% per

annum from the date of deposition upto the date of refund.

12.

Stay application too stands disposed of.

(DINESH MEHTA),J

135-A.Arora/-