Raisudeen vs State Of Rajasthan (2026:Rj-Jd:4439)
2026 Latest Caselaw 1095 Raj

Rajasthan High Court - Jodhpur

Raisudeen vs State Of Rajasthan (2026:Rj-Jd:4439) on 23 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:4439]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 90/2026

Raisudeen S/o Abdul Hamid, Aged About 30 Years, Udai Mandir
Asan, Near High Secondary School Jodhpur, Rajasthan
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Ms. Neha Kalla
For Respondent(s)         :     Mr. Surendra Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/01/2026

1. The instant criminal revision petition under Sections 438 and

442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been

preferred by the petitioner assailing the order dated 03.11.2025

passed by the learned Additional Civil Judge and Judicial Mobile

Magistrate, Jodhpur Metropolitan, Jodhpur in Criminal Misc. Case

No. 29/2025, whereby the learned Court below, while allowing the

application filed by the petitioner for release of the vehicle bearing

Registration No. RJ 22 RA 3380 along with trolly, imposed a

condition directing deposit of an amount of Rs.1,800/- towards

royalty/NGT fee.

2. Learned counsel for the petitioner submits that the petitioner

is the registered owner of the vehicle in question and is entitled to

restoration of its possession. It is further contended that there is

no rival claimant to the vehicle and that if the vehicle is allowed to

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[2026:RJ-JD:4439] (2 of 3) [CRLR-90/2026]

remain stationed in the police premises, it would inevitably

deteriorate, resulting in avoidable loss to national property.

Reliance has been placed upon the judgment of the Hon'ble

Supreme Court in Sunderbhai Ambalal Desai Vs. State of

Gujarat, reported in (2002) 10 SCC 283.

3. Learned Public Prosecutor has opposed the submissions

advanced on behalf of the petitioner.

4. I have heard learned counsel for the parties and perused the

impugned order as well as the material placed on record.

5. This Court is of the view that upon a full-fledged inquiry, it is

finally determined that the vehicle was in fact used in violation of

mining laws and environmental norms, the imposition of any fine

or fee would amount to pre-judging an issue which is still sub

judice. In my opinion, determination of commission of any offence

or breach of law must precede the imposition of any penal liability.

In other words, a fine cannot be imposed without conclusion of

inquiry and recording of a finding of guilt.

6. In view of the settled legal position and being guided by the

principles enunciated by the Hon'ble Supreme Court in

Sunderbhai Ambalal Desai (supra), and further considering that

the condition imposed by the Court below requiring furnishing of a

bank guarantee of Rs.5,00,000/- is harsh, onerous and

disproportionate, this Court is of the opinion that no useful

purpose would be served by insisting upon such a condition. The

same deserves to be interfered with in exercise of the inherent

jurisdiction of this Court.

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[2026:RJ-JD:4439] (3 of 3) [CRLR-90/2026]

7. Accordingly, the instant revision Petition is allowed. The

order dated 03.11.2025 passed by the learned Additional Civil

Judge and Judicial Mobile Magistrate, Jodhpur Metropolitan,

Jodhpur is hereby quashed and set aside to the extent it imposes

the condition of furnishing bank guarantee of Rs.5,00,000/- and

deposit of Rs.1,800/- towards royalty/NGT fee. The said conditions

are hereby waived.

8. The vehicle shall be released in favour of the petitioner upon

furnishing supurdginama and surety as otherwise directed by the

Court below.

9. All pending applications, if any, stand disposed of.

(FARJAND ALI),J 171-divya/-

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