HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Criminal Misccellaneous (Petition) No. 65 / 2018

Jethu Singh S/o Shri Amar Singh B/c Rajput, R/o Molasar, Police

Station Molasar, Distt. Nagur, Raj.

----Petitioner

Versus

1. State of Rajasthan Through P.P.

2. Department of Mines and Geology, Raj. Ajmer Through Mining

Engineer, Ajmer.

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. Gajendra Singh Rathore.

For Respondent(s) : Mr. Aladeen Khan, PP

_____________________________________________________

HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

Judgment / Order

22/01/2018

Heard learned counsel for the petitioner and learned Public

Prosecutor.

Learned counsel for the accused-petitioner submits that in

FIR No.169/2017 registered at PS Rupangarh, Ajmer for the

offence under Sections 379 IPC and 4/21 of the Mines & Mineral

(Development & Regulations) Act,1957 (‘MMDR Act’), the matter

has been compounded in regard to the vehicle seized and a

compounding fees of Rs.1,08,750/- has been deposited on

20.11.2017.

Learned counsel for the petitioner submits that despite this,

learned court below has rejected the application for releasing the

Vehicle (Dumper) No.RJ-37-GA-4449 in favour of the accused-

petitioner.

(2 of 2)

[CRLMP-65/2018]

On perusal of the order dated 11.12.2017, it is found that

the court below has inferred that simply by depositing the

compound fees, it cannot be presumed that the offence under

Section 4/21 of the MMDR Act has been compounded. This

inference drawn by the court is completely fallacious and cannot

be sustained. As per sub-section (2) of Section 23-A of the MMDR

Act, no further proceeding shall be taken against the offender

after compounding of offence.

In view of this, the seized vehicle ought to have been

released by the court below.

In view of above, the misc. petition is allowed. The order

dated 19.12.2017 passed by learned Addl. District Judge,

Kishangarh, Ajmer is quashed and set-aside. It is directed that

Dumper bearing Registration No.RJ-37-GA-4449 shall be delivered

to the petitioner on ‘supurdgi’ on his furnishing ‘Supurdginama’ in

the sum of Rs.5,00,000/- with two sureties in the like amount,

with the undertaking to produce the vehicle in question before the

concerned court as and when required and shall keep the

condition of the vehicle intact and shall not transfer, mortgage or

otherwise alienate the vehicle or damage it and change its shape

in any manner whatsoever. The petitioner shall also furnish

photographs of the vehicle showing its number, colour etc. It is

made clear that in future if the vehicle is found to have been used

in similar offence, the same would be liable to be confiscated.

(DEEPAK MAHESHWARI) J.

Rm/73