Rawal Ram vs State Of Rajasthan (2024:Rj-Jd:37444)
2024 Latest Caselaw 7875 Raj

Rajasthan High Court - Jodhpur

Rawal Ram vs State Of Rajasthan (2024:Rj-Jd:37444) on 9 September, 2024

[2024:RJ-JD:37444]                   (1 of 2)                    [CRLMP-4661/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4661/2024

Rawal Ram S/o Ghewar Ram, Aged About 40 Years, R/o 61
Beniwalo Ki Dhani, Vinayakpura, Bhawad, Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Ramnivas Bishnoi.
For Respondent(s)          :    Ms. Sonu Manawat,PP.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

09/09/2024

1. Under challenge herein is an order dated 05.06.2024 passed

by learned Additional Sessions Judge No.2, Jodhpur Metropolitan,

in Criminal Misc. Case No.14/2024, vide which petitioner's

application to release the vehicles i.e. (Dumper-Truck) bearing

registration No.RJ-21-GD-1263, Chasis No.MEC241BEKP085502,

Engine No.400952D0086240 under Section 451 of Cr.P.C. was

dismissed, pertaining to FIR No.300/2023 of Police Station Rajiv

Gandhi Nagar, Jodhpur, under Sections 332, 353 and 307 of IPC,

Section 3 of PDPP Act and Section 4/21 of MMRD Act.

2. Vehicle is impounded on 24.12.2023 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.

[2024:RJ-JD:37444] (2 of 2) [CRLMP-4661/2024]

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. In view of the above, the present petition is also disposed in

same terms. In case the confiscation proceedings have been

initiated, the vehicles 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 vehicles 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.

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

(ARUN MONGA), J 220-/Jitender//-

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