[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Deepesh vs State Of Rajasthan (2026:Rj-Jd:594) on 7 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:594]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8689/2025
Deepesh S/o Sahiram Bishnoi, Aged About 36 Years, R/o
Ramdawas Kallan Tehsil Pipar Police Station Kaparada District
Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mining Department, District Jodhpur
----Respondents
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Mahaveer Bishnoi, AAG
Mr. Lalit Kishore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/01/2026
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.
(Uploaded on 07/01/2026 at 06:50:50 PM)
[2026:RJ-JD:594] (2 of 2) [CRLMP-8689/2025]
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 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).
(KULDEEP MATHUR),J
61-himanshu/-
(Uploaded on 07/01/2026 at 06:50:50 PM)
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