Ramniwas vs State Of Rajasthan (2026:Rj-Jd:13742)
2026 Latest Caselaw 4504 Raj

Rajasthan High Court - Jodhpur

Ramniwas vs State Of Rajasthan (2026:Rj-Jd:13742) on 24 March, 2026

[2026:RJ-JD:13742]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1927/2026

Ramniwas S/o Shri Surja Ram, Aged About 36 Years, Resident Of
Melana, Teshil Bawari, District Jodhpur.
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Public Prosecutor
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Aziz Khan
For Respondent(s)           :     Mr. Anurag Jyani for
                                  Mr. Mahaveer Bishnoi, AAG



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

24/03/2026

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. 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

(Uploaded on 24/03/2026 at 07:04:33 PM)

[2026:RJ-JD:13742] (2 of 2) [CRLMP-1927/2026]

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).

Stay petition as well as all pending application(s), if any,

stand disposed of.

(BALJINDER SINGH SANDHU),J 154-Hanuman/-

(Uploaded on 24/03/2026 at 07:04:33 PM)

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