Sanvata Ram vs State Of Rajasthan (2024:Rj-Jd:37665)
2024 Latest Caselaw 7923 Raj

Rajasthan High Court - Jodhpur

Sanvata Ram vs State Of Rajasthan (2024:Rj-Jd:37665) on 10 September, 2024

[2024:RJ-JD:37665]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2531/2024

Sanvata Ram S/o Arjun Ram, Aged About 35 Years, R/o Village
Dhani Mamdoli, Tehsil Makrana, District Nagaur (Raj)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rahul Soni
For Respondent(s)         :     Ms. Sonu Manawat, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

10/09/2024

1. Under challenge herein is an order dated 28.03.2024 passed

by learned Additional District & Sessions Judge No.1, Parbatsar, in

Criminal Revision Petition No.09/2024, dismissing the revision

petition, which was filed by the petitioner to assail another order

dated 21.03.2024 passed by learned Additional Chief Judicial

Magistrate, Parbatsar, District Nagaur pertaining to FIR

No.38/2024, dated 12.03.2024 under Section 379 IPC and

Sections 4 and 21 of MMDR Act, 1957.

2. Vide impugned orders, the release of the vehicle in question

(Agricultural Tractor) bearing registration No. RJ-21-RK-8899 has

been allowed upon depositing the fine/compounding amount

imposed by the Mines/NGT Department and producing the receipt

thereof before the learned court below.

3. Vehicle was impounded on 12.03.2024 and ever-since parked

in police custody and needless to say it is deteriorating by each

[2024:RJ-JD:37665] (2 of 2) [CRLMP-2531/2024]

passing day and would turn into a complete junk if it continues to

be in current condition.

4. 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.

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

same terms. 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.

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

(ARUN MONGA),J 94-DhananjayS/-

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