Rajasthan High Court
Jai Prakash vs State Of Rajasthan And Anr on 5 July, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3122/2015
Jai Prakash son of Shri Bhoop Singh Jat R/o village Moddi Tehsil
Charkhi Dadri, District Bhiwani (haryana).
--- Petitioner
Versus
1. State of Rajasthan through P.P.
2. Authorised Officer cum Assistant Forest Conservator, Alwar,
District Alwar.
---- Respondents
For Petitioner(s) : Mr. Kishan Swami for
Mr. Sanjay Sharma
For Respondent(s) : Mr. Ganesh Saini, P.P.
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
05/07/2021
1. This Petition has been filed under Section 482 Cr.P.C.
challenging the order dated 20-4-2015 passed by the Revisional
Court: Special Judge (Fake Currency Cases) & Additional
Sessions Judge, Jaipur Metropolitan, Jaipur in Criminal
Revision No.21/2015, whereby the revision petition filed by
the present petitioner has been dismissed and the order
dated 16-9-2014 passed by the Authorised Officer: Assistant
Forest Conservator Alwar in case No.139/2014, as well as the
order dated 30-3-2015 passed by the Appellate Authority:
Chief Forest Conservator, Jaipur in Appeal No.166/2014
confiscating the Compressor Drill Machine No.MHN
1100117114, Compressor motor Atlas COPCOSN 2012450592
of the petitioner have been confirmed.
2. Heard learned counsel for both the sides and perused
the material made available on record.
(2 of 3) [CRLMP-3122/2015]
3. Learned counsel for the petitioner submits that the
machines of the petitioner have been confiscated before the
conviction of the accused petitioner in criminal case, for
which the trial is under process. Therefore, the petition
deserves to be allowed in view of the judgments in Rohitash
Gurjar Vs. State of Rajasthan, SB Criminal Misc. Petition
No.6126/2015 decided on 6-10-2016 and Ramniwas Vs. State
of Rajasthan & Another, SB Criminal Misc. Petition
No.6130/2015 decided on 6-10-2016.
4. Learned Public Prosecutor has opposed the petition.
5. Admittedly vide impugned order dated 20-4-2015 passed
by the Revisional Court, the order dated 16-9-2014 passed by
the Authorised Officer cum Assistant Forest Conservator
Alwar and the order dated 30-3-2015 passed by the Appellate
Authority: Chief Forest Conservator, Jaipur confiscating the
machines of the petitioner have been confirmed, therefore,
primarily the Miscellaneous petition is not maintainable in
view of provisions of Sections 397(3) and 399(3) Cr.P.C.
However, suffice it to say on merits of the case that as per
order dated 16-9-2014 passed by the Assistant Forest
Conservator Alwar the machines of the petitioner have been
seized at the time of illegal mining in forest area. Specific
information of initiation of confiscation proceedings has been
sent to the concerned Judicial Magistrate Bhiwadi vide
letter No.1195 dated 10-7-2014. The petitioner has been
given ample opportunities of hearing by all the courts below.
On consideration of all the legal provisions, the orders of
confiscation of petitioner's machines have been passed. In
the cases cited by the learned counsel for the petitioner
separate information of initiation of confiscation proceedings
was not sent to the concerned Judicial Magistrate. Whereas,
(3 of 3) [CRLMP-3122/2015]
in this matter a separate information of initiation of
confiscation proceedings was sent to the concerned Judicial
Magistrate. Thus all the formalities required under law has
been fulfilled. Therefore, in view of the judgment of the
Division Bench of this court in the case of Harun Vs. State of
Rajasthan, [2015(4) Cr.L.R. (Raj.) 1743] no error is found in
the impugned orders.
6. Resultantly, the miscellaneous petition is dismissed.
(SATISH KUMAR SHARMA),J
Arn/44
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