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2021 DIGILAW 1012 (RAJ)

Jai Prakash v. State Of Rajasthan

2021-07-05

SATISH KUMAR SHARMA

body2021
JUDGMENT 1. This Petition has been filed under Section 482 Cr.P.C. challenging the order dated 20-4-2015 passed by the Revisional Court: Special Judge (Fake Currency Cases) & Additional Sessions Judge, Jaipur Metropolitan, Jaipur in Criminal Revision No.21/2015, whereby the revision petition filed by the present petitioner has been dismissed and the order dated 16-9-2014 passed by the Authorised Officer: Assistant Forest Conservator Alwar in case No.139/2014, as well as the order dated 30-3-2015 passed by the Appellate Authority: Chief Forest Conservator, Jaipur in Appeal No.166/2014 confiscating the Compressor Drill Machine No. MHN 1100117114, Compressor motor Atlas COPCOSN 2012450592 of the petitioner have been confirmed. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioner submits that the machines of the petitioner have been confiscated before the conviction of the accused petitioner in criminal case, for which the trial is under process. Therefore, the petition deserves to be allowed in view of the judgments in Rohitash Gurjar v. State of Rajasthan, SB Criminal Misc. Petition No.6126/2015 decided on 6-10-2016 and Ramniwas v. State of Rajasthan & Another, SB Criminal Misc. Petition No.6130/2015 decided on 6-10-2016. 4. Learned Public Prosecutor has opposed the petition. 5. Admittedly vide impugned order dated 20-4-2015 passed by the Revisional Court, the order dated 16-9-2014 passed by the Authorised Officer cum Assistant Forest Conservator Alwar and the order dated 30-3-2015 passed by the Appellate Authority: Chief Forest Conservator, Jaipur confiscating the machines of the petitioner have been confirmed, therefore, primarily the Miscellaneous petition is not maintainable in view of provisions of Sections 397(3) and 399(3) Cr.P.C. However, suffice it to say on merits of the case that as per order dated 16-9-2014 passed by the Assistant Forest Conservator Alwar the machines of the petitioner have been seized at the time of illegal mining in forest area. Specific information of initiation of confiscation proceedings has been sent to the concerned Judicial Magistrate Bhiwadi vide letter No.1195 dated 10-7-2014. The petitioner has been given ample opportunities of hearing by all the courts below. On consideration of all the legal provisions, the orders of confiscation of petitioner's machines have been passed. In the cases cited by the learned counsel for the petitioner separate information of initiation of confiscation proceedings was not sent to the concerned Judicial Magistrate. The petitioner has been given ample opportunities of hearing by all the courts below. On consideration of all the legal provisions, the orders of confiscation of petitioner's machines have been passed. In the cases cited by the learned counsel for the petitioner separate information of initiation of confiscation proceedings was not sent to the concerned Judicial Magistrate. Whereas, in this matter a separate information of initiation of confiscation proceedings was sent to the concerned Judicial Magistrate. Thus all the formalities required under law has been fulfilled. Therefore, in view of the judgment of the Division Bench of this court in the case of Harun v. State of Rajasthan, [2015(4) Cr.L.R. (Raj.) 1743] no error is found in the impugned orders. 6. Resultantly, the miscellaneous petition is dismissed.