Shayam Lal vs State Of Rajasthan (2024:Rj-Jd:38250)
2024 Latest Caselaw 8083 Raj

Rajasthan High Court - Jodhpur

Shayam Lal vs State Of Rajasthan (2024:Rj-Jd:38250) on 17 September, 2024

[2024:RJ-JD:38250]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6228/2024

Shayam Lal S/o Sh. Haliya Amliyar, Aged About 45 Years, R/o
Station Vistar Tntoi, Teh. Modasa, Dist. Modasa, Gujrat
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Mining Engineer, Banswara
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Shambhoo Singh.
For Respondent(s)         :     Mr. Shri Ram Choudhary, P.P.


         HON'BLE MR. JUSTICE ARUN MONGA

Order 17/09/2024

1. Under challenge herein is an order dated 26.06.2024 passed

by learned Judicial Magistrate, Bagidora (Banswara) in CIS Case

No.NIL/2024 in connection with Seizure Memo dated 08.04.2024

of Mining Department, Banswara, under Sections 379 of IPC and

4/21 of MMRD Act, dismissing the application filed by the

petitioner under Section 457 Cr.P.C. for releasing the vehicle in

question i.e. Truck (GJ-31-T-0841) was allowed, however, penalty

of Rs.4,09,900/- was imposed.

2. Vehicle is impounded on 08.04.2024and 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. On the other hand the petitioner is being

deprived of his livelihood, as the alleged offending vehicle is stated

to be his sole source of earning.

[2024:RJ-JD:38250] (2 of 2) [CRLMP-6228/2024]

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. 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.

53-Sumit/-

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