Rajasthan High Court
Gajendra Singh S/O Purushotam vs State Of Rajasthan on 28 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5858/2020
Gajendra Singh S/o Purushotam, R/o Kiri Road, Purana Sehar,
Dholpur.
----Petitioner/Owner
Versus
State of Rajasthan, through P.P.
----Respondent
AND
Other similar matters as per Schedule-A appended to this
order
This Order shall govern all the cases, the particulars of
which have been given in Schedule-A appended to this
order.
For Petitioner(s) : Mr. Harsh Vardhan Sharma
Mr. Dharmendra Gurjar
Mr. Dinesh Kumar Joshi
Mr. Ashwani Kumar Kushwah
Mr. Jagdish Singh Chauhan
Mr. Sandeep Jain
Mr. Rajneesh Gupta
Mr. Mukesh Kumar Meena
Mr. Rajendra Singh Tanwar
Mr. Jiteshu Chugh
Mr. Arvind Sharma
Mr. Arpit Srivastava
Mr. Deepak Khandelwal
Mr. Shivraj Chauhan
Mr. Aditya Mishra
For Respondent(s) : Mr. Pankaj Agarwal, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
28/01/2021
1. All these petitions relate to the prayer for release of tractors
and trolleys, which have been seized by the Police
Authorities/Mining Authorities/Forest Officials for various reasons
including carrying "bazri", by way of illegal mining in Rajasthan
(2 of 4) [CRLMP-5858/2020]
and selling out the same etc. and have been filed against the
order passed by the concerned Magistrate whereby application
under Section 451 & 457 Cr.P.C for releasing of tractor and trolley
was rejected and in some cases affirmed in revision also and
therefore, the same are being heard together.
2. Learned counsel for the petitioners relying upon the
judgments passed by this court in S.B. Criminal Misc. Petition No.
2723/2019 (Asharam & Ors. Vs. State of Rajasthan &
connected misc. petitions) decided by common order dated
3.2.2020, S. B. Criminal Misc. (Petition) No.2687/2020 (Nandlal
Vs. State of Rajasthan) decided on 1.10.2020, in the case of
Nathulal Vs. State of Rajasthan (S.B. Criminal Misc. Petition
No.2755/2020) decided on 1.10.2020, which also took into
consideration the interim order passed in PIL "Khem Singh Vs.
State of Rajasthan", (D.B.Civil Writ Petition NO.4239/2019)
as well as judgment passed by the Hon'ble Supreme Court in the
case of Sunderbhai Ambalal Desai & Ors. Vs. State of Gujrat:
(2002) 10 SCC 283, submitted that the vehicles be released on
appropriate terms and conditions.
3. Learned Public Prosecutor has opposed these criminal misc.
petitions.
4. The issue is no more res-integra in light of judgments passed
by this Court in cases of Asharam (supra), Nandlal (supra),
Nathulal (supra), Khem Singh (supra) and judgment of
Hon'ble the Supreme Court of India in case of Sunderbhai
Ambalal Desai (supra).
5. Keeping in view the law as noticed herein above and the fact
that no confiscation order has been passed till date for illegal
(3 of 4) [CRLMP-5858/2020]
mining and that the imposition of fine or penalty would be on the
person (owner) and not on the vehicle, this court is inclined to
follow the view taken in Asharam's case (supra).
6. Accordingly, these petitions are allowed and the orders
impugned herein passed by the learned Court below are quashed
and set aside. The tractor and trolley as mentioned in these
petitions as per Schedule-A annexed to this order shall be
released as per the conditions laid down in Para 14(a) to (f) of
Asharam's case (supra).
7. However, it is made clear that if vehicle(s) has been
confiscated under the relevant provisions of the Act, then said
vehicle(s) shall not be released by the concerned Magistrate
keeping in view of law laid down in the case of Laxman Versus
State of Rajasthan: DB Criminal Misc. Petition No.60/2018
decided on 6.4.2018.
8. In view thereof, all these petitions are allowed with aforesaid
directions.
(MAHENDAR KUMAR GOYAL),J
Manish/56
(4 of 4) [CRLMP-5858/2020]
SCHEDULE - "A"
Sr. Item No. in Case Type Case No. Vehicle Type Vehicle Reg. No.
No. cause list
dt.
28.1.2021
1. 56 CRLMP 5858/2020 Truck RJ-11-GA-6970
2. 83 CRLMP 237/2021 Tractor with Trolley RJ-26-RB-8508
3. 84 CRLMP 238/2021 Tractor with Trolley CHASSIS
No.T053454683FH
4. 93 CRLMP 424/2021 Tractor with Trolley RJ-26-RB-0469
RJ-26-EV-0128
5. 100 CRLMP 495/2021 Tractor with Trolley RJ-34-RB-4183
6. 101 CRLMP 497/2021 Tractor with Trolley RJ-34-RB-4187
7. 102 CRLMP 498/2021 Tractor with Trolley RJ-34-RB-1897
8. 108 CRLMP 629/2021 Tractor with Trolley RJ-28-RA-7202
Chassis No.
JJBM01349
9. 122 CRLMP 660/2021 Tractor with Trolley RJ-26-RB-5852
RJ-26-RB-6008
10. 131 CRLMP 678/2021 Tractor with Trolley RJ-34-RB-3071
11. 132 CRLMP 679/2021 Tractor with Trolley RJ-34-RB-0919
RJ-34-EV-0837
12. 139 CRLMP 699/2021 Tractor with Trolley CHASSIS
No.MBNGAAJYNLR
H00195
ENGINE
No.RLH5NDA1466
13. 153 CRLMP 6463/2020 Tractor with Trolley RJ-14-RD-4188
14. 154 CRLMP 6464/2020 Tractor with Trolley RJ-14-RD-5213
15. 155 CRLMP 6465/2020 Tractor with Trolley RJ-14-RD-4048
16. 159 CRLMP 23/2021 Tractor with Trolley RJ-26-RB-7784
RJ-26-RB-7006
17. 161 CRLW 140/2021 Tractor with Trolley RJ-25-RB-8553
18. 164 CRLMP 631/2021 Tractor with Trolley RJ-25-RC-0433
19. 165 CRLMP 632/2021 Tractor with Trolley RJ-25-RB-7138
RJ-25-EV-1070
20. 166 CRLMP 641/2021 Tractor with Trolley RJ-34-RB-1719
21. 167 CRLMP 643/2021 Tractor with Trolley RJ-34-RB-1754
22. 168 CRLMP 645/2021 Tractor with Trolley RJ-34-RB-1728
RJ-34-EV-0120
23. 199 CRLMP 562/2021 Truck MP-06-GA-0613
24. 200 CRLMP 569/2021 Tractor with Trolley RJ-26-RA-7738
RJ-26-EV-0061
25. 201 CRLMP 576/2021 Tractor with Trolley RJ-26-RB-0642
26. 203 CRLW 128/2021 BOLERO RJ-25-UA-2623
27. 204 CRLW 129/2021 DUMPER RJ-05-GB-5608
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