Ratanlal Jat vs State Of Rajasthan (2025:Rj-Jd:28968)
2025 Latest Caselaw 1819 Raj

Rajasthan High Court - Jodhpur

Ratanlal Jat vs State Of Rajasthan (2025:Rj-Jd:28968) on 4 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28968]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5059/2025

Narayan Jat S/o Shri Heeralal Jat, Aged About 35 Years, Resident
Of Jaato Ka Mohalla, Siyar, District Bhilwara (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       The Mines And Minerals Dept, Through Aag.
                                                                 ----Respondents
                              Connected With
                S.B. Criminal Misc(Pet.) No. 5060/2025
Ratanlal Jat S/o Shri Heera Lal Jat, Aged About 39 Years,
Resident Of Jaato Ka Mohalla, Siyar, District Bhilwara (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       The Mines And Minerals Dep T, Through Aag.
                                                                 ----Respondents
                S.B. Criminal Misc(Pet.) No. 5062/2025
Ratanlal Jat S/o Shri Heera Lal Jat, Aged About 39 Years,
Resident Of Jaato Ka Mohalla, Siyar, District Bhilwara (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       The Mines And Minerals Dep T, Through Aag.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vishal Sharma
For Respondent(s)         :     Mr. Sri Ram Choudhary, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/07/2025

[2025:RJ-JD:28968] (2 of 3) [CRLMP-5059/2025]

Learned counsel for the parties submit that the controversy

akin/similar to the one involved in these matters has already been

decided by this Court vide order dated 19.05.2025 passed in S.B.

Cr. Misc. Petition No.597/2024 (Chaina Ram vs. State of

Rajasthan) and connected matters. The relevant portion of the

order dated 19.05.2025 passed by this Court in Chaina Ram

(supra) is reproduced below for ready reference:

"8. Consequently, it is held that under the mining laws, the state authorities have the powers for initiating confiscation proceedings in relation to the vehicles seized for violation of the mining laws. It is once, the confiscation proceedings are initiated, the vehicle cannot be released on supurdaginama as prayed by few of the petitioners. However, the said vehicles can only be released on payment of penalty and compounding fees. Whereas, the vehicles qua which no confiscation proceedings have yet been commenced, the competent criminal Court can handover interim custody of the vehicles to its true owner as a criminal Court is not supposed to keep a vehicle detained until the confiscation proceedings are commenced and concluded by the mining department.

9. It is however, made clear that in the cases where criminal Court had handed over interim custody of the vehicles to its true owners on supurdaginama, the mining department shall be free to pass confiscation orders and take back the vehicles in accordance with law.

10. The present batch of criminal misc. petitions is disposed of with liberty to the petitioners to approach the competent Court for filing fresh applications for release of their vehicle. The competent Court shall decided the fresh applications, if

[2025:RJ-JD:28968] (3 of 3) [CRLMP-5059/2025]

filed, in accordance with the observations made by this Court in para 8 of the judgment."

Accordingly, these instant criminal misc. petitions are

disposed of with a direction to the petitioners to approach the

competent Court by way of filing a fresh application for release of

their vehicle. The competent Court shall decide the fresh

application, if filed, in accordance with the observations made by

this Court in para 8 of the order dated 19.05.2025 rendered in the

case of Chaina Ram (supra).

(KULDEEP MATHUR),J 66-divya/-

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