Babulal vs State Of Rajasthan (2025:Rj-Jd:34660)
2025 Latest Caselaw 4379 Raj

Rajasthan High Court - Jodhpur

Babulal vs State Of Rajasthan (2025:Rj-Jd:34660) on 6 August, 2025

[2025:RJ-JD:34660]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1854/2025

Babulal S/o Bhomaram, Aged About 43 Years, R/o Bhed, District
Nagauir, Currently Residing At Village Jhur, Tehsil Tinwri, District
Jodhpur (Raj)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Manish Vyas a/w Mr. Ashok
                                Khilery.
For Respondent(s)         :     Mr. Narendra Singh, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

06/08/2025

1. The petitioner has challenged the order dated 25.02.2025

passed by the learned Judicial Magistrate, Siwana, District Balotra,

in Memo No. 0651812, pertaining to proceedings under Section

207 of the Motor Vehicles Act, registered at Police Station Siwana,

District Balotra, whereby his application for release of the vehicle

(Dumper) bearing Registration No. RJ-19-GH-2419 has been

allowed, but on a pre-condition to deposit an amount of

Rs.5,13,500/-.

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

(Dumper) bearing registration No. RJ-19-GH-2419 has been

allowed subject to condition of depositing the compounding

amount of Rs.5,13,500/- imposed by the Mines/NGT Department.

3. Since impounding of vehicle, the same is parked in police

custody and needless to say it is deteriorating by each passing day

[2025:RJ-JD:34660] (2 of 2) [CRLMP-1854/2025]

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 stands disposed of in

terms of the judgment ibid. 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.

(MUKESH RAJPUROHIT),J 36-/Jitender//-

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