Kishan Singh vs State Of Rajasthan (2025:Rj-Jd:29205)
2025 Latest Caselaw 1955 Raj

Rajasthan High Court - Jodhpur

Kishan Singh vs State Of Rajasthan (2025:Rj-Jd:29205) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29205]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1858/2025

Kishan Singh S/o Gopal Singh, Aged About 38 Years, Thakriya
Baas, Nagaur, Tehsil Nagaur, Distt. Nagaur (Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
                              Connected With
                S.B. Criminal Misc(Pet.) No. 2042/2025
Kishan Singh S/o Shri Nathu Singh, Aged About 45 Years,
Resident Of Rajpurohito Ka Bass, Jhabra, Tehsil Bhaniyan,
District Jaisalmer.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 2068/2025
Laxman Singh S/o Sh. Amar Singh, Aged About 50 Years, R/o
Morala, Kolu, Teh. Baytu, Dist. Balotra.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ashok Kumar
                                Mr. Aziz Khan
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. R.S. Bhati, AGA


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/07/2025

Learned counsel for the petitioners jointly submit that the

controversy is akin/similar to the one involved in the instant

matter has already been decided by this Court vide order dated

19.05.2025 passed in S.B. Cr. Misc. Petition No.597/2024

[2025:RJ-JD:29205] (2 of 3) [CRLMP-1858/2025]

(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 has 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."

Accordingly, these instant criminal misc. petitions are

disposed of with a direction to the petitioners to approach the

[2025:RJ-JD:29205] (3 of 3) [CRLMP-1858/2025]

competent Court by way of filing a fresh application(s) for release

of their vehicle(s). 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).

A copy of this order be placed in each file.

(KULDEEP MATHUR),J 170-172-himanshu/-

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