Mangal Singh vs State Of Rajasthan (2024:Rj-Jd:39903)
2024 Latest Caselaw 8536 Raj

Rajasthan High Court - Jodhpur

Mangal Singh vs State Of Rajasthan (2024:Rj-Jd:39903) on 25 September, 2024

[2024:RJ-JD:39903]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6539/2024

Mangal Singh S/o Moti Singh, Aged About 52 Years, R/o Golana
Police Station Jaswantpura, Dist. Jalore.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Sravan Kumar Sainee
For Respondent(s)         :     Mr. H.S. Jodha, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

25/09/2024

1. Under challenge herein is an order dated 06.08.2024 passed

by learned Additional Sessions Judge, Bhinmal, District Jalore in

Criminal Revision No.31/2024, whereby the revision petition of the

petitioner was dismissed and the order dated 04.07.2024 passed

by learned Judicial Magistrate, Bhinmal, District Jalore was

affirmed. Vide order dated 04.07.2024, learned Judicial Magistrate

rejected the application filed by the petitioner for releasing the

tractor trolley (bearing No. RJ-46RA-5778) on superdginama. An

FIR No.14/2024 was registered at Police Station Jaswantpura,

District Jalore for the offences under Section 379 of IPC, Section

4/24 of MMRD Act and Section 15/16 of Environment Act against

the accused who was allegedly carrying illegal Bajri in his tractor

trolley.

2. Vehicle was impounded on 28.01.2024 and ever-since parked

in police custody and needless to say deteriorating by each

[2024:RJ-JD:39903] (2 of 2) [CRLMP-6539/2024]

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.

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 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 86-DhananjayS/-

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