Ramesh Chandra Bhoi vs State Of Rajasthan (2024:Rj-Jd:41659)
2024 Latest Caselaw 8942 Raj

Rajasthan High Court - Jodhpur

Ramesh Chandra Bhoi vs State Of Rajasthan (2024:Rj-Jd:41659) on 10 October, 2024

[2024:RJ-JD:41659]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2900/2024

Ramesh Chandra Bhoi S/o Shri Thawra Bhoi, Aged About 70
Years, R/o Near Mitra Niwas, Ratanpur Road, Dungarpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Mahaveer Prasad Pareek.
For Respondent(s)          :    Mr. VS Rajpurohit, PP.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

10/10/2024

1. Under challenge herein is an order dated 02.04.2024 passed

by learned Additional Chief Judicial Magistrate, Banswara in

Criminal Misc. Case No.106/2024 inter-alia invoking Rule 54(3) of

Rajasthan Minor Mineral Concession Rules, 2017, vide which

petitioner's application to release the vehicle i.e. (Truck) bearing

registration No.RJ-12-GA-5763 under Sections 451 & 457 Cr.P.C.

was allowed. However, a penalty of Rs.4,11,250/- was imposed as

a condition for release.

2. Vehicle was impounded on 28.01.2024 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.

[2024:RJ-JD:41659] (2 of 2) [CRLMP-2900/2024]

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 171-/Jitender//-

                                   Whether fit for reporting -   yes   /    No.









Powered by TCPDF (www.tcpdf.org)