Dinesh vs State Of Rajasthan (2024:Rj-Jd:38814)
2024 Latest Caselaw 8214 Raj

Rajasthan High Court - Jodhpur

Dinesh vs State Of Rajasthan (2024:Rj-Jd:38814) on 19 September, 2024

[2024:RJ-JD:38814]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6378/2024

Dinesh S/o Sh. Chandra Ram, Aged About 30 Years, Raiko Ka
Bass, Village Bijwadiya Tehsil Bilara Distt. Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Birbal Ram Bishnoi
For Respondent(s)         :     Mr. Vikram Singh Rajpurohit, PP
                                Mr. R.S. Bhati, AGA



               HON'BLE MR. JUSTICE ARUN MONGA

Order

19/09/2024

1. Under challenge herein is an order dated 08.08.2024 passed

by learned Chief Judicial Magistrate, Bilara in Case No.283/2024 in

connection with Challan No.0668518, P.S. Bilara for alleged

offences under Section 54 of MMRD Act, dismissing the application

filed by the petitioner under Section 457 Cr.P.C. for releasing the

vehicle in question i.e. Tractor (RJ-19-RD-8090) was allowed,

however, bank guarantee / penalty was imposed.

2. Vehicle is impounded on 10.07.2024 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. 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:38814] (2 of 2) [CRLMP-6378/2024]

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 127-DhananjayS/-

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