Rajasthan High Court - Jodhpur

State vs Chunnilal on 17 June, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:26817]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2255/2019

State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
Shankarla Patel S/o Man Ji Patel, Udaipur.
                                                                 ----Respondent
                               Connected With
                S.B. Criminal Misc(Pet.) No. 1049/2019
State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
Shankar Patel S/o Shri Rupa Ji Patel, Jagat, Tehsil Girwa, District
Udaipur.
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 1050/2019
State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary, Jaipur
                                                                    ----Petitioner
                                    Versus
1    Santosh Choudhary S/o Late Shri Shankar Lal Choudhary,
.    Kurabad, Tehsil And District Udaipur Through Her Power Of
     Attorney Holder Shri Keshu Lal Meena S/o Shri Unjha Ji
     Meena, R/o Aanjani, Mandore, Tehsil Lasadiya, District
     Udaipur.
2. Shanta Devi Jat W/o Lal Chand, Through Her Power Of
     Attorney Holder Shri Sukh Lal Dangi S/o Bhera Jidangi, R/o
     Dholi Magri, Mawli, District Udaipur.
                                                                 ----Respondents
                S.B. Criminal Misc(Pet.) No. 1523/2019
State,     Department     Of     Mines      And      Minerals     Through     The
Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus

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Udaylal S/o Kalu Ji Meena, R/o Aggad, Dist Udaipur.
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 1525/2019
State,    Department      Of     Mines      And      Minerals     Through     The
Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
1. Keshulal Meena S/o Devi Ji Meena, R/o Aggad, Dist Udaipur.
2. Rajmal S/o Uda Ji Meena, R/o Aggad, Dist. Udaipur.
                                                                 ----Respondents
                S.B. Criminal Misc(Pet.) No. 1527/2019
State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary , Jaipur
                                                                    ----Petitioner
                                    Versus
Dinesh Nath S/o Ganesh Nath, R/o Uday Sagar Circle Through
His Power Of Attorney Holder Mohan Lal S/o Hamera , Sakroda
Tehsil Girwa Distt. Udaipur
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 1531/2019
State,    Department      Of     Mines      And      Minerals     Through     The
Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
Chunnilal S/o Nathulal Ji Meena, R/o Choti Bambori, Dist.
Rajsamand.
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 2197/2019
State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
1. Shankar Lal S/o Khem Ji Patel, R/o Gingla
2. Dalichand Patel S/o Rod Ji Patel, R/o Gingla
                                                                 ----Respondents

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                S.B. Criminal Misc(Pet.) No. 2199/2019
State Of Rajasthan, Department Of Mines And Minerals Through
The Secretary, Jaipur.
                                                                    ----Petitioner
                                    Versus
Chokha S/o Geba Meena, R/o Ratanpura, Indana.
                                                                 ----Respondent
                S.B. Criminal Misc(Pet.) No. 2204/2019
State, Department Of Mines And Mineral Through The Secretary,
Jaipur
                                                                    ----Petitioner
                                    Versus
1. Kesar Singh, S/o Gautam Singh, R/o Loda
2. Nathu Singh S/o Kesar Singh, R/o Loda, Salumber , District
     Udaipur
3. Vagat Singh S/o Kuber Singh, R/o Loda, Salumber , District
     Udaipur
4. Uma Sankar S/o Jetram, R/o Loda, Salumber , District
     Udaipur
5. Bhanwarlal S/o Nathiya, R/o Kharka, Salumber , District
     Udaipur
6. Arvind Singh S/o Gowardhan Singh, R/o Dhul Ji Ka Guda,
     Salumber , District Udaipur
7. Vagat Singh S/o Kuber Singh, R/o Loda, Salumber , District
     Udaipur
8. Gowardhan Singh S/o Gulab Singh, Dhul Ji Ka Guda Through
     Its Powe Of Attorney Holder Arvind Singh R/o Dhul Ji Ka
     Guda . Salumber , District Udaipur
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Praveen Khandelwal AAG
                                Mr. S.D. Chawariya
                                Mr. Mahipal Bishnoi, AAG assisted by
                                Mr. Harshvardhan
For Respondent(s)         :     Mr. Lalit Pareek
                                Mr. Mahaveer Pareek
                                Mr. Devendra Prajapat
                                Mr Gaurav Bishnoi


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                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

ORDER RESERVED ON                       :::                      28/03/2025
ORDER PRONOUNCED ON                     :::                      17/06/2025
BY THE COURT:-

1. These batch of miscellaneous petitions have been filed by the

State of Rajasthan, challenging the orders passed by the

respective courts below whereby directions were issued for the

release of vehicles seized by the police in connection with alleged

contravention of mining laws. The petitions also assail the

rejection of the State's prayer for imposing a monetary condition

as a prerequisite for release of the said vehicles.

2. The learned Magistrate, while dealing with the release

applications, has prudently considered the facts and legal position

applicable in such cases. Upon a reappraisal of the records and the

impugned orders, this Court finds no patent illegality, perversity,

or jurisdictional error warranting interference under its supervisory

or revisional jurisdiction.

3. It is a settled legal proposition that the power to pass interim

orders regarding the custody and release of property, including

vehicles, during the pendency of investigation or trial, lies within

the domain and discretion of the jurisdictional Magistrate. Such

discretion, when exercised judicially and within the framework of

law, ought not to be interfered with lightly.

4. Furthermore, the release of vehicles in the present matters

has been directed only upon furnishing of adequate security and

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custody bonds, and is expressly made subject to the outcome of

the inquiry, investigation, or trial. Thus, no prejudice is caused to

the prosecution or the State authorities.

5. This Court has had occasion to consider identical issues in a

batch of similar petitions being SBCRLMP No.2130/2021 (State of

Raj. Through PP Vs. Kesar Singh) alongwith nine petitions decided

by this Court on 17.06.2025 wherein the following order has been

passed:

1. These batch of Misc. Petitions have been filed by the State of Rajasthan challenging the orders dated 15.07.2020, 04.09.2020, 29.07.2020, 14.08.2020, 05.09.2020 & 09.09.2020 passed in Criminal Appeal/ Criminal Revision Nos. 22/2020, 27/2020, 41/2020, 28/2020, 36/2020, 37/2020, 42/2020, 39/2020, 26/2020 & 41/2020 by the learned Additional Sessions Judge, Nathdwara/Sessions Judge Rajsamand, whereby he allowed the revision petitions moved on behalf of the vehicle owners, directing release of the seized vehicles in their favour.

2. I have heard learned counsel for the parties and have carefully perused the impugned orders as well as the material on record. The matter, though limited in scope, involves certain legal niceties.

2.1. The vehicles belonging to the respondents-

accused were seized by the concerned police station on allegations of violating penal provisions under the Mining Laws. It is well settled that an application seeking release of a seized vehicle may be filed either by the registered owner or by a person best entitled to possess the vehicle. The legal position in this regard is no longer res integra, in view of the judgment rendered by the Hon'ble Supreme Court in the case of

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Sundarbhai Ambalal Desai v. State of Gujarat reported in AIR 2003 SC 638.

2.1. It is pertinent to note that such property, though movable in nature, is still a national asset, and cannot be left to deteriorate in the open parking areas of police stations for an indefinite period. Proceedings under the Mines and Minerals (Development and Regulation) Act can be duly undertaken in accordance with the procedure established by law and rules framed thereunder.

2.2. The grant of interim custody of a vehicle to its registered owner is a discretionary power vested in the criminal Courts under Sections 451 to 457 of the Criminal Procedure Code. If any dues or penalties are leviable against the respondents, the State authorities are not precluded from initiating appropriate steps for their recovery. Merely because proceedings are pending does not necessitate continued detention of the vehicle in every case.

3. Upon careful consideration of the impugned orders of the learned Magistrate, who had earlier dismissed the applications for release, it is evident that several procedural and substantive deficiencies in the prosecution case were rightly noted done by it. These findings, supported by cogent reasons, cannot be overlooked.

3.1. The orders passed by the Court of Revision granting release of vehicles does not disclose any perversity or manifest abuse of the process of law that would warrant interference of this Court in the exercise of its extraordinary jurisdiction.

3.2. Thus, I am, therefore, of the considered view that the Misc. Petitions lack merit and deserve outright dismissal.

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4. Accordingly, the instant Misc. petitions are dismissed. The stay petitions, and all pending applications if any also stand disposed of.

5. Let a copy of this order be placed in each connected file.

Keeping in view the proposition of law deliberated and

guidance taken from the judgment of Hon'ble the Supreme Court,

this Court holds that unless the order of release is found to be

manifestly illegal or unsustainable in law, the interference would

be unwarranted hence, the instant Misc. Petitions deserves to be

dismissed.

6. In light of the above discussion, this Court finds no force or

merit in these Misc. Petitions. The orders passed by the Courts