HIGH COURT OF JUDICATURE FOR RAJASTHAN
SAJJAN SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 1607/2020
['DEELIP KAWADIA', '', 'RANJEETA KAWDIA', 'GAJU SINGH', 'DIGVIJAY SINGH JASOL', '', 'DIGVIJAY SINGH']
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1607/2020
Sajjan Singh S/o Shri Udai Singh, Aged About 50 Years, 13,
Nawal Singh Ji Ka Guda, Kurabad, Tehsil Girwa, District Udaipur
(Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s)
:
Mr. Deelip Kawadia
For Respondent(s)
:
Mrs. Rajlaxmi Choudhary, PP
Mr. Digvijay Singh Jasol
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/09/2020
The present misc. petition under Section 482 Cr.P.C. has
been filed by the petitioner against the order dated 24.06.2020
passed by learned Additional District Judge No.5, Udaipur
confirming the order passed by the trial court dated 17.06.2020,
whereby, the trial court ordered release of vehicle in favour of
petitioner imposing condition of depositing compounding fees,
royalty etc.
Counsel for the petitioner submits that the petitioner is a
registered owner of the vehicle and if the vehicle is not released
on ‘superdginama’ and allowed to lie in open place at the police
station, it will get damaged. It is further argued that vehicle in
question is not required for any further investigation, therefore,
the vehicle is liable to be released on ‘superdginama’. Learned
counsel for the petitioner further argued that without any
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[CRLMP-1607/2020]
conviction recorded against the petitioner, the vehicle of the
petitioner has been confiscated. He further argued that Rule 54 of
RMMCR, 2017 is not applicable in the case of petitioner and no
challan has been filed till now. He placed reliance on the
judgment in the case of M/s The Punjab Kashmir Finance Pvt Ltd
Vs. State reported in 1993 Cri.L.J 498, Girdhari & Anr. Vs State
reported in 2000 Cr.L.R. (Raj.) 280 and this Court in the case of
Babu Singh Vs. state (S.B. Criminal misc. Petition No. 2863/2018)
decided on 07.09.2018 and Ramchandra Vs. state (S.B. Criminal
misc. Petition No. 2750/2019) decided on 24.05.2019.
Per contra, counsel for the Mining department Mr. Digvijay
Singh Jasol opposed the release of vehicle and submitted that the
vehicle in question was being used for illegal excavation and
transportation of river sand i.e. ‘Bajari’. The Bajari being carried
by the vehicle comes under the category of illegal mining of
Bajari, so the petitioner is liable to pay not only the applicable
royalty but also the compounding fees in terms of order passed by
the Hon’ble Division Bench of Hon’ble High Court in the case of
Khem Singh (Supra). He placed reliance on the judgment in the
case of Khem Singh (supra), S.B. Criminal Misc. Petition No.
6585/2019 (Bhagwan Singh Vs. State ) decided on 03.06.2020
and order of National Green Tribunal in Original Application No.
44/2016 dated 19.02.2020.
I have heard learned counsel for the parties and carefully
gone through the material on record. This Court is of the opinion
that in case of continued seizure, condition of the vehicle would
deteriorate and even the Mining Department will not be able to
recover its dues. However, Hon’ble Division Bench in the case of
Khem Singh (supra) so also the National Green Tribunal has
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[CRLMP-1607/2020]
specifically directed that the vehicle in question may be released
only after depositing the amount payable including the royalty and
fine imposed.
The present petition is thus disposed of. It is directed that
the petitioner will be required to deposit the amount determined
by the Mining Engineer. If the amount payable by the petitioner is
not determined, the petitioner may approach the Mining Engineer,
within seven days from today, who will determine the amount
payable by the petitioner, including royalty, compounding fees etc
imposable under any applicable law or judgment(s).
On furnishing proof of depositing the amount, the concerned
trial court shall pass formal order to release the vehicle on
following conditions :-