Rajasthan High Court - Jodhpur
Datta Construction Company vs State Of Rajasthan (2024:Rj-Jd:41629) on 10 October, 2024
[2024:RJ-JD:41629]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6924/2024
Datta Construction Company, Prop. Hanuman Ram S/o Hema
Ram R/o Sangariya, Tehsil Luni Distt. Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pawan Vishnoi
For Respondent(s) : Ms. Sonu Manawat, P.P.
HON'BLE MR. JUSTICE ARUN MONGA
Order 10/10/2024
1. Under challenge herein is an order dated 14.08.2024 passed by learned Additional Chief Judicial Magistrate (Economic Offence) Jodhpur in FIR No.53/2016 of Police Station Vivek Vihar, Jodhpur, under Section 379 of IPC and Section 4/21 of MMDR Act, vide which petitioner's application to release the vehicle i.e. bearing registration Nos.RJ-19-GH-4196 (Dumper-Truck) and RJ-19-EA- 3704 (JCB) under Section 451 of Cr.P.C. was allowed. However, a bank guarantee/penalty was imposed as a condition for release.
2. Vehicle was impounded on 15.03.2024 and ever-since parked in police custody and needless to say deteriorating by each passing day and would turn into a complete junk if it continues to be in current condition.
3. Reference may be had to a judgment of this Court, titled Narayan Gadri Vs. State of Rajasthan: S.B. Criminal Misc. Petition No.6304/2021, dated 02.07.2024. (Downloaded on 11/10/2024 at 09:35:44 PM)
[2024:RJ-JD:41629] (2 of 2) [CRLMP-6924/2024]
4. Accordingly, in case the confiscation proceedings have been initiated, the vehicle shall then be released only on payment of penalty and compounding fee. However, if it is found that no confiscation proceedings have yet commenced and it is merely an appeal is pending against the penalty/compounding order passed by mining officer, liberty in that case is granted to the petitioner to approach the competent Court by filing a fresh application for release of vehicle on Superdari. Upon doing so, the same shall be released on furnishing a bond of an amount equivalent to the current value of impounded vehicle. Current value shall be as per the satisfaction of the learned competent Court dealing with the fresh application, if and when filed. Other conditions shall also be imposed by the learned court below as per judgment, ibid.
5. Disposed of accordingly.
6. Pending application(s), if any, also stand disposed of.
(ARUN MONGA),J 48-/Jitender//-
Whether fit for reporting - yes / No.
(Downloaded on 11/10/2024 at 09:35:44 PM)
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