Rajasthan High Court - Jodhpur
Suresh Chandra vs State Of Rajasthan (2025:Rj-Jd:24798) on 21 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:24798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4192/2025
Suresh Chandra S/o Shankar Lal Dhakad, Aged About 43 Years,
Gayatri Nagar Kishan Niwas Bijoliya District Bhilwara
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director, Mines And Geology Directorate Udaipur
3. Mining Engineer (Vigilance), Bhilwara District Bhilwara
4. Mining Engineer, Bijoliya District Bhilwara
----Respondents
For Petitioner(s) : Mr. Suresh Kumar Bishnoi.
For Respondent(s) : Mr. Mahaveer Bishnoi, AAG with
Mr. Gaurav Bishnoi, AAAG.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/05/2025
Learned counsel for the parties submit that the controversy
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.
[2025:RJ-JD:24798] (2 of 2) [CRLMP-4192/2025]
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
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).
(KULDEEP MATHUR),J
150-Tikam/-
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