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Rajasthan High Court - Jodhpur
Gordhan Lal Sharma vs State Of Rajasthan (2026:Rj-Jd:17042) on 10 April, 2026
[2026:RJ-JD:17042]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous (Petition) No. 2835/2026
Gordhan Lal Sharma S/o Sharwan Kumar, Aged About 38 Years,
R/o 124, Rajputo Ki Dhaniya, Ps Mathaniya, Bhainser, Kotwali,
Jodhpur, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ajay Kumar
For Respondent(s) : Mr. Anurag Jyani for
Mr. Mahaveer Bishnoi, AAG
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
10/04/2026
1. The learned counsel appearing for the petitioner as well as
the learned Additional Advocate General appearing on behalf of
Mining Department jointly submits that the controversy involved in
these matters is no more res integra in view of judgment passed
by Co-ordinate Bench of this Court in Chaina Ram Vs. State of
Rajasthan (S.B. Criminal Misc. Petition No.597/2024, decided on
19.05.2025), and the issue raised in this miscellaneous petition
being squarely covered by the ratio laid down in the said
judgment, this Misc. Petition can be be disposed of in terms of the
judgment aforesaid. The relevant para of the judgment reads as
follows :-
"6. Heard learned counsel for the parties. Perused
the material available on record.
7. After hearing learned counsel for the parties
and having perused the judgments of the
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coordinate Benches of this Court particularly in
the cases of Kishore Singh (supra), Narayan
Gadri (supra) and M/s Mahadev
Construction (supra), this Court finds that the
controversy involved in the present batch of
criminal misc. petitions has already been set to
rest and is no longer res integra. Therefore, the
petitions in hand are to be decided in accordance
with the parameters laid down in these
judgments.
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 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
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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.
11. All pending applications stand disposed of
accordingly.
12. A copy of this order be placed in each file."
2. In view of the submission aforesaid, this Court is inclined to
dispose of this Criminal Miscellaneous Petition in terms of the
judgment passed by Co-ordinate Bench of this Court in Chaina
Ram's case (supra).
3. The Stay Application as well as all pending applications, if
any, shall stand disposed of accordingly.
(BALJINDER SINGH SANDHU),J
315-Hanuman/-
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