Moti Ram vs State Of Rajasthan (2024:Rj-Jd:44020)
2024 Latest Caselaw 9376 Raj

Rajasthan High Court - Jodhpur

Moti Ram vs State Of Rajasthan (2024:Rj-Jd:44020) on 24 October, 2024

[2024:RJ-JD:44020]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7538/2024

Moti Ram S/o Sh. Shiv Ram, Aged About 30 Years, R/o Sou Ka
Bass, Ramdawas, At Present Plot No. 144, Khasra No. 48-55/1
Shri Ram Nagar, Bjs Colony, Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Pawan Vishnoi.
For Respondent(s)          :    Mr. VS Rajpurohit, PP.



               HON'BLE MR. JUSTICE ARUN MONGA

Order(Oral)

24/10/2024

1. Under challenge herein is an order dated 26.07.2024 passed

by learned Additional Chief Judicial Magistrate No.1, Jodhpur

Metro in Criminal Original Case No.143/2023 pursuant to FIR

No.159/2024 of Police Station Kudi Bhagtasani, District Jodhpur,

under Section 379 of IPC and Section 4/21 of MMRD Act, vide

which petitioner's application to release the vehicle bearing

registration No.RJ-19-GF-8801 (Dumper-Truck) under Section 457

of Cr.P.C. was dismissed.

2. Vehicle was impounded on 10.04.2024 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:44020] (2 of 2) [CRLMP-7538/2024]

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 117-/Jitender//-

                                   Whether fit for reporting -   yes   /    No.









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