Vala Ram vs State Of Rajasthan (2025:Rj-Jd:29876)
2025 Latest Caselaw 2136 Raj

Rajasthan High Court - Jodhpur

Vala Ram vs State Of Rajasthan (2025:Rj-Jd:29876) on 10 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29876]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2718/2025

Vala Ram S/o Rama Ram, Aged About 46 Years, R/o Lakhaniyo
Meghwalo Ki Dhani Tehsil Nokhda District Barmer
                                                                         ----Petitioner
                                         Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)              :    Mr. Ramesh Siyag
For Respondent(s)              :    Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

10/07/2025

Learned counsel for the petitioner submits 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

(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

[2025:RJ-JD:29876] (2 of 2) [CRLMP-2718/2025]

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, the instant criminal misc. petition is disposed of

with a direction to the petitioner to approach the competent Court

by way of filing a fresh application for release of his 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).

Stay petition also stands disposed of accordingly.

(KULDEEP MATHUR),J 67-himanshu/-

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