Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Condition for MMDR Supurdgi - The vehicle may be released on supurdgi (bail/guarantee) under specific conditions, primarily involving the submission of a bank guarantee or surety, and only after the court is satisfied that the vehicle is not being used for illegal activities. The court can impose conditions such as furnishing a bank guarantee, surety, or FDR, to ensure compliance and security during the trial process. Additionally, if the vehicle is involved in similar offences repeatedly, it may be liable for seizure and confiscation under the MMDR Act and not be released on supurdgi ["Rakesh Raiger VS State of Rajasthan - Rajasthan"], ["RAKESH vs STATE OF RAJASTHAN THROUGH PP - Rajasthan"], ["RAKESH vs STATE OF RAJASTHAN THROUGH PP - Rajasthan"].
Main Points:
In some cases, the court has explicitly rejected supurdgi if the vehicle is involved in forest produce offences or other violations, emphasizing the importance of assigning reasons for release ["RAKESH vs STATE OF RAJASTHAN THROUGH PP - Rajasthan"].
Analysis and Conclusion:
In the realm of mining law in India, the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) plays a pivotal role in regulating mineral extraction and curbing illegal activities. One common query from leaseholders, transporters, and affected parties is: What are the conditions for MMDR supurdgi? Supurdgi, a Hindi term meaning interim custody or bond-based release, is frequently sought for vehicles or machinery seized during illegal mining operations. This blog post breaks down the legal framework, court precedents, and practical steps, drawing from key judgments and statutory provisions.
Whether you're a mining operator facing seizure under Section 21(4) or seeking release of a tractor or dumper, understanding these conditions can help navigate the process effectively. Note: This is general information based on precedents and should not be considered specific legal advice—consult a qualified lawyer for your case.
Supurdgi refers to the temporary release of seized property (like vehicles involved in illegal mining) into the custody of the owner or petitioner, subject to strict conditions imposed by the court. Under the MMDR Act, vehicles used in offenses such as unauthorized mining (Section 4) or transportation without permits (Section 21) are liable to seizure. Courts often grant supurdgi to prevent undue hardship, balancing the interests of justice with enforcement needs. RAKESH vs STATE OF RAJASTHAN THROUGH PP
Key offenses triggering seizure include violations of Section 4/21, often coupled with IPC Section 379 (theft). However, release is not automatic and hinges on compliance with procedural safeguards.
The MMDR Act, particularly Sections 21, 22, and 23A, outlines the regime for seizures and compounding:
Courts emphasize that supurdgi is discretionary, granted after hearing the state and ensuring conditions prevent misuse. Arbitrary denials or releases without safeguards are quashed on review. Jayant VS State of Madhya Pradesh - 2021 1 Supreme 109
Supurdgi often arises in cases tied to lease violations or non-renewal. Under Section 8A of the MMDR Act, lease extensions require full compliance with terms; non-compliance can lead to supersession or cancellation, escalating to seizures. The benefit of extension of lease period available only if all the terms and conditions of the lease have been complied with. Common Cause VS Union of India - 2016 4 Supreme 9
Rule 24A of the Mineral Concession Rules, 1960, mandates timely renewal applications—failure invites enforcement actions, including vehicle seizures during operations. Common Cause VS Union of India - 2016 4 Supreme 9
Rajasthan High Court rulings provide clear guidelines, consistently imposing standardized conditions:
In multiple cases:- Tractor RJ-01-RA-6634 with trolley released on supurdgi. RAKESH vs STATE OF RAJASTHAN THROUGH PP- Dumper RJ-37-GA-4170 delivered on supurdgi. HARDEENA RAM vs STATE OF RAJ AND ANR- Tractor RJ-42-RA-1461, RJ-01-RB-1799, etc., similarly released. MADAN vs STATE OF RAJASTHAN THROUGH PPRAMDEV vs STATE OF RAJASTHAN THROUGH PP
Bar under sub-section (2) of Section 23A shall not affect any proceedings for offences under IPC, such as, Sections 379 and 414 IPC and same shall be proceeded with further. Jayant VS State of Madhya Pradesh - 2021 1 Supreme 109
Magistrates can direct FIRs under Section 156(3) CrPC even for MMDR offenses pre-cognizance; Section 22 bar applies only post-cognizance. This underscores that supurdgi does not end parallel criminal probes. Jayant VS State of Madhya Pradesh - 2021 1 Supreme 109
Deviations, like excessive bank guarantees, are moderated—e.g., reduced from Rs. 5 lakhs to Rs. 3 lakhs. Motiram VS State of Rajasthan - 2015 Supreme(Raj) 27
Arbitrary actions or political influences vitiate orders. Sudhir N. VS State of Kerala - 2015 1 Supreme 313
Supurdgi under MMDR Act offers relief from seizures but demands adherence to bonds, court appearances, and statutory compliance. Rajasthan HC precedents standardize conditions, emphasizing fairness amid environmental protection. While compounding halts MMDR proceedings, IPC cases persist. Always prioritize legal compliance to mitigate risks.
For deeper insights, review cited judgments. This analysis draws from specified legal documents—seek professional counsel for tailored advice.
References:- Common Cause VS Union of India - 2016 4 Supreme 9Dasrath Yadav VS State of Jharkhand - 2016 0 Supreme(Jhk) 1467Sandur Manganese & Iron Ores VS State of Karnataka - 2010 6 Supreme 569Jayant VS State of Madhya Pradesh - 2021 1 Supreme 109- Various Rajasthan HC cases: RAKESH vs STATE OF RAJASTHAN THROUGH PPBEERAM vs STATE OF RAJASTHAN THROUGH PP etc.
#MMDRAct #Supurdgi #MiningLaw
Court may consider proper including this that if the vehicle is again seized in the similar nature of offence then it shall be liable to be seized and confiscated under the illegal provisions of MMDR Act and shall not be released on supurdgi. ... State of Rajasthan” by the coordinate Bench of this Court on 26th September, 2016 whereby, the vehicle found involved for the offence under Section 21(4) of the MMRD Act was allowed to be released on Supurdgi. ... Looking to the provisions contained in Section 21(4) of the MMDR ....
Act and shall not be released on supurdgi. ... Looking to the provisions contained in Section 21(4) of the MMDR Act, it is Court offence punishable under Section (21) 4 of the Mines and Minerals similar nature of offence then it shall be liable to be seized and found involved for the offence under Section 21 (4) of the MMRD Act was allowed to be released on Supurdgi
Tractor bearing Registration No.RJ-01-RA-6634 alongwith trolley question before the concerned court as and when required and shall keep the condition ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender the offence under Section 379 IPC & under Section 4/21 of the compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
Tractor bearing Registration No.RJ-42-RA-1461 alongwith trolley question before the concerned court as and when required and shall keep the condition ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender under Section 4/21 of the Mines & Mineral (Development & compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
Tractor bearing Registration No.RJ-01-RB-1799 alongwith trolley question before the concerned court as and when required and shall keep the condition ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender offence under Section 4/21 of the Mines & Mineral (Development & compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
Tractor bearing Registration No.RJ-42-RA-0912 alongwith trolley question before the concerned court as and when required and shall keep the condition ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender the offence under Section 379 IPC & under Section 4/21 of the compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
concerned court as and when required and shall keep the Dumper bearing Registration No.RJ-37-GA-4170 shall be delivered to the petitioner on ‘supurdgi ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender offence under Section 379 IPC & under Section 4/21 of the Mines compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
It is directed that Dumper bearing Registration No.RJ- 37-GA-4203 shall be delivered to the petitioner on ‘supurdgi’ on the vehicle in question before the concerned court as and when required and shall keep the condition ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender offence under Section 379 IPC & under Section 4/21 of the Mines compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
Tractor bearing Registration No.RJ-21-RG-1995 alongwith trolley question before the concerned court as and when required and the offence under Section 4/21 of the Mines & Mineral (Development & Regulations) Act,1957 (‘MMDR ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
concerned court as and when required and shall keep the Dumper bearing Registration No.RJ-37-GA-4449 shall be delivered to the petitioner on ‘supurdgi ... As per sub-section (2) of Section 23-A of the MMDR Act, no further proceeding shall be taken against the offender offence under Sections 379 IPC and 4/21 of the Mines & Mineral compound fees, it cannot be presumed that the offence under Section 4/21 of the MMDR
Heavy reliance is placed on the decision of this Court in the case of Sanjay (Supra), as well as, in the case of Kanwar Pal Singh v. State of U.P., Criminal Appeal No. 1920 of 2019, decided on December 18, 2019; (iv) Section 23A of the MMDR Act contemplates the compounding of offence under the MMDR Act. The Magistrate does not have jurisdiction under the MMDR Act to direct the Mining Officer/police officer in-charge to register FIR under the penal provisions of the MMDR Act. Therefore, the Rules made under the MMDR Act contain provisions for compounding of offence. Sub-sect....
He also inspected the bicycle of PW-1 Sangru Ram Yadav and had thereafter given it in his supurdgi and prepared the memo of supurdgi Ext. Ka3. He then took into possession the bicycle of deceased-Laddu Yadav and PW-3 Mauji Ram Yadav and after inspecting the same, handed over the bicycle of PW-3 Mauji Ram Yadav to him and prepared the memo of supurdgi Ext. Ka12. The supurdgi of the bicycle of Laddu Yadav was given to PW-1 Sangru Ram Yadav and memo of supurdgi nama Ext.
When the approval was granted by the Central Government under Section 2 of the FC Act, 2013 Rules are the extant Rules under MMDR Act, which prescribes grant of mining lease, etc. only on the basis of auction/Notice Inviting Tender and, therefore, the In Principle Approval and Final Approval granted in the name of the respondent No. 11 would run contrary to the provisions of 2013 Rules. (iv) So far as mining lease is concerned, the condition precedent as contained in MMDR In order to get a mining contract or lease, he contends that twin requirements – both under the MMDR Ac....
The Revisional Court allowed the application for release of vehicle but by imposing various conditions and, out of it, one is of bank guarantee. The condition to furnish bank guarantee for release of vehicle on “Supurdgi” has been challenged by this criminal misc.
It is further submitted that he was not present at the spot. Till then no case was registered against the applicant. The buffaloes were released on Supurdgi and the applicant has taken the buffaloes on Supurdgi on 1.11.2013. It is submitted that concerning Police has demanded Rs.
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