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2018 DIGILAW 122 (RAJ)

Rakesh Raiger v. State of Rajasthan

2018-01-08

DEEPAK MAHESHWARI

body2018
JUDGMENT : DEEPAK MAHESHWARI, J. This Criminal Misc. Petition has been preferred by the accused/petitioner Rakesh to quash and set aside the order dated 22.10.2016 whereby, learned lower Revisional Court has rejected the revision petition preferred against the order dated 24.09.2016 passed by learned Additional Civil Judge-cum-Judicial Magistrate (First Class) No. 6, Ajmer rejecting the application for supuardgi of Mini Truck bearing registration No. RJ-01-GA-8324. 2. Learned counsel for the petitioner submits that as per the FIR lodged by Mining Engineer (Vigilance), Ajmer, some vehicles, including the Mini Truck of the petitioner were seized near Nareli Pahadi on 12.09.2016 allegedly involved in illegal mining of stone. He further submits that despite all these factual aspects, even if it is presumed that the Mini Truck is being found involved in the offence punishable under Section (21) 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, “MMDR Act”) then also, under Sub-section (4A) of Section 21, the vehicle was liable to be disposed of by the court competent to take cognizance of the offence under Sub-section (1) of Section 21. Learned Court below has not properly exercised its jurisdiction given to it under the said provisions. 3. Learned counsel for the petitioner has relied upon the judgment passed in S.B. Criminal Misc. Petition No. 4389/2016 titled as “Shakir Hussain v. State of Rajasthan” by the coordinate Bench of this Court on 26th September, 2016 whereby, the vehicle found involved for the offence under Section 21(4) of the MMRD Act was allowed to be released on Supurdgi. He has further referred to the following judgments in support of his contentions :- (I). Arshad S/o Shri Dullu v. State of Rajasthan [S.B. Criminal Misc. Petition No. 840/2017, decided on 22nd February, 2017]. (II). Awadhesh Tripathi v. State of U.P. [Criminal Revision No. 1265/2015, decided on 17th April, 2015]. (III). Biva Jha v. State of Jharkhand [Criminal Revision No. 844/2015, decided on 4th/25th August, 2015]. 4. Further, he has relied upon the judgment of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat reported in (2002) 10 SCC 283 : AIR 2003 SC 638 wherein, the Hon'ble Supreme Court has laid down that the Magistrates are empowered to pass appropriate orders immediately for release of the vehicles etc. and these articles may not be kept for a long time at the police stations. 5. and these articles may not be kept for a long time at the police stations. 5. Learned Public Prosecutor has opposed the prayer stating that the amount of penalty has not been deposited by the accused/petitioner as was liable to be realized from him for illegal mining; and on this ground, the application for release of the Mini Truck on supurdgi is liable to be rejected. 6. Having considered the arguments advanced by both the sides and the legal precedence cited above, it appears justified that the Mini Truck seized in the matter may be released by the trial Court. The realization of the penalty amount can be effected at the proper stage if the proceedings are culminated into saddling the petitioner with liability for the said penalty. Looking to the provisions contained in Section 21(4) of the MMDR Act, it is Court having competence/jurisdiction to take cognizance of the offence under Sub-section (1) of Section 21 which is authorised to release the vehicle in accordance with the provisions of law. 7. In view of above, this Criminal Misc. Petition is allowed. The learned trial Court will pass necessary orders afresh regarding supurdgi of the Mini Truck involved in the offence on filing application by the petitioner before it after ascertaining the entitlement of the petitioner for the Mini Truck in question while imposing the necessary conditions which the Court may consider proper including this that if the vehicle is again seized in the similar nature of offence then it shall be liable to be seized and confiscated under the illegal provisions of MMDR Act and shall not be released on supurdgi. The Criminal Misc. Petition stands disposed off accordingly.