Rajasthan High Court - Jodhpur
Saddam Khan vs State Of Rajasthan (2025:Rj-Jd:43083) on 24 September, 2025
[2025:RJ-JD:43083]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7892/2025
Saddam Khan S/o Suraj Khan, Aged About 23 Years, R/o Paraliya
Gamat Tehsil Pachpadra District Balotara
----Petitioner
Versus
State Of Rajasthan, Through Police Station, Mandali, Dist.
Balotara
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi.
For Respondent(s) : Mr. Gaurav Bishnoi for Mr. Mahaveer
Bishnoi, AAG
Mr. NS Chandawat, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
24/09/2025
1. By way of the instant criminal misc. petition, challenge has
been made to the order dated 17.07.2025 passed by the learned
Judicial Magistrate, Pachpadra, District Balotra in Criminal Case
NO.192/2025, whereby the petitioner's prayer for release of the
vehicles i.e. Dumper bearing registration No.RJ 19 GK 1686 was
dismissed, subject to depositing the penalty amount as imposed.
2. Learned counsel for the petitioner submits that since the
impounding of the vehicle, it has remained parked in police
custody and with each passing day, its condition is deteriorating.
He submits that if it continues to remain in the present condition,
it will soon turn into complete junk, causing irreparable loss to the
petitioner.
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3. Learned Public Prosecutor opposed the instant criminal misc.
Petition.
4. There is no complete bar under law giving interim custody to
the rightful owner of the property. A proceeding under mining laws
can be instituted only upon filing of a complaint at the instance of
the authorized officer and the cognizance of offence can be taken
based upon the averments made in the complaint. There is a non
obstante clause to the effect that no Court shall take cognizance
under the MMDR Act or Rules made thereunder except upon a
complaint moved on behalf of the authorized officer. If any
proceeding is undertaken by the Mining Department, the process
shall be followed in accordance with the provision and rules made
thereunder. A criminal court is not supposed to keep detained a
vehicle seized by the Police for an offence of theft of mineral. After
effecting seizure by the Police under the force of BNSS, the
provision under Section 503 of Cr.P.C. attracts automatically and
the law relating to disposal of the property would govern the field.
5. Reliance can be placed upon the judgment rendered by Hon'ble
the Supreme Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat, reported in AIR 2003 SC 638 and the
judgment passed by the Coordinate Bench of this Court is similar
circumstance in the case of Kishore Singh Vs. State of
Rajasthan: (2021) 0 Supreme (Raj.) 139.
6. The Mining Department may initiate the proceedings
independently and it would be free and at liberty to take all legal
actions if fine penalty etc are ascertained and whereafter needful
can be done in accordance with the procedure laid down therein.
In case, if any order is passed by the Mining Department or even
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if confiscation order is made, the vehicles can be taken back by
the Department but not by the Police. As on date, there are no
reasonable grounds to keep detained the vehicle for an indefinite
period or for the purpose of completion of procedural formalities.
Keeping detained the vehicles for an indefinite period certainly put
decay and deterioration to the property which would be a loss to
the asset of the Nation.
7. In view of the above, the instant misc. Petition is allowed
and this Court deems it just and appropriate to release the vehicle
on furnishing a Supurdaginama of an amount equivalent to the
current value of impounded vehicle. Current value shall be as per
the satisfaction of the learned competent Court dealing with the
fresh application, if and when filed. Other conditions shall also be
imposed by the learned court below as per judgment, ibid.
8. Before releasing the vehicle, the trial court shall verify that
the petitioner is the registered owner of the vehicle in question.
9. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
458-/Jitender//-
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