Mahendra Jangu vs State Of Rajasthan (2024:Rj-Jd:43914)
2024 Latest Caselaw 9374 Raj

Rajasthan High Court - Jodhpur

Mahendra Jangu vs State Of Rajasthan (2024:Rj-Jd:43914) on 24 October, 2024

[2024:RJ-JD:43914]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7637/2024

Mahendra Jangu S/o Sh.kheta Ram, Aged About 30 Years, R/o
Hagoun Ki Dhaniyan , Guda Vishnoiya, Jodhpur
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Pawan Vishnoi.
For Respondent(s)          :    Mr. Vikram Rajpurohit, P.P.


               HON'BLE MR. JUSTICE ARUN MONGA

Order

24/10/2024

1. Under challenge herein is an order dated 21.10.2024 passed

by learned Chief Metropolitan Magistrate No.1, Jodhpur Metro,

pursuant to FIR No.355/2024, dated 27.09.2024, P.S. Kudi

Bhagtasani, Jodhpur, for offences under Section 303(2) of BNS

and Section 4/21 of MMRD Act, whereby the application filed by

the petitioner under Section 503 of BNS for releasing the vehicles

in question i.e. Dumper No.RJ-19-GF-9279, was declined.

2. Vehicles were impounded on 27.09.2024 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.

4. Accordingly, in case the confiscation proceedings have been

initiated, the vehicles shall then be released only on payment of

[2024:RJ-JD:43914] (2 of 2) [CRLMP-7637/2024]

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 petitioners

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 vehicles. 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. It is

expected of the learned trial Court to verify the ownership

documents of the vehicle in question before releasing the same in

favour of the owner.

5. Disposed of accordingly.

6. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J 377-Sumit/-

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