Rajasthan High Court - Jodhpur
Jitendra Singh Chouhan vs State Of Rajasthan (2025:Rj-Jd:29092) on 7 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:29092]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5106/2025
Jitendra Singh Chouhan S/o Papu Singh Chouhan, Aged About
27 Years, Pipli, P.s. Mangrop, District Bhilwara, (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mine And Minrels Dept, Through Aag
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 5107/2025
Jitendra Singh Chouhan S/o Papu Singh Chouhan, Aged About
27 Years, Tehsil Pipli, District Bhilwara, (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Thourgh Pp
2. The Mine And Minrels Dept, Thourgh Aag
----Respondents
S.B. Criminal Misc(Pet.) No. 5125/2025
Sukhdev Gurjar S/o Udailal Gurjar, Aged About 51 Years, Phagno
Ka Khera, Tehsil Mangrop, Dist Bhilwara (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Thourgh Pp
2. The Mine And Minrals Dept, Thourgh Aag
----Respondents
S.B. Criminal Misc(Pet.) No. 5126/2025
Lekhpal Singh Charan S/o Prathvi Singh, Aged About 42 Years,
Nimbahera, Dist Chhitorgarh (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Thourgh Pp
2. The Mine And Minrels Dept, Thourgh Aag
----Respondents
S.B. Criminal Misc(Pet.) No. 5127/2025
Sukhdev S/o Shri Udailal Gurjar, Aged About 51 Years, Resident
Of Phagna Ka Khera, P.s. Mangrop, District Bhilwara (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals, Dept Through Aag
(Downloaded on 07/07/2025 at 10:03:12 PM)
[2025:RJ-JD:29092] (2 of 3) [CRLMP-5106/2025]
----Respondents
S.B. Criminal Misc(Pet.) No. 5128/2025
Shakti Lal Meena S/o Bagdiram Meena, Aged About 38 Years,
Village Moti Putawas, Motiheri, District Pratapgarh (Raj.)
----Petitioner
Versus
1. State of Rajasthan, Thourgh PP
2. The Mines And Minerals Dept, Through AAG
----Respondents
For Petitioner(s) : Mr. Aslam Khan
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/07/2025
1. 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
[2025:RJ-JD:29092] (3 of 3) [CRLMP-5106/2025]
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
filed, in accordance with the observations made by this Court
in para 8 of the judgment."
2. 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
23-28--Dinesh/-
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