Bhagwan Sahay @APPELLANT@Hash State Of Rajasthan

The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 12.10.2018 passed by Judicial Magistrate, Bandikui, Dausa,

be set aside, whereby the said court refused to release Tractor bearing Registration No. RJ 29 RB 2695 alongwith its trolley to the petitioner. It is

further prayed that the order dated 22.10.2018 passed by the revisional court whereby order dated 12.10.2018 was affirmed be also set aside.

The learned counsel for the petitioner has submitted that in bunch of petitions, lead case being D.B. Cr. Misc. Petition No. 60/2018, titled as Laxman

vs. State of Rajasthan, a Division Bench of this Court on 6.4.2018, has held that if a vehicle has been seized under the Provisions of Mines and

Minerals (Development & Regulation) Act, 1957 (for short ‘MMDR Act’), for 72 hours competent Officer can retain the vehicle and

thereafter, he is mandatorily required to report the matter to his superior officer as also to the Magistrate having jurisdiction.

The learned counsel for the petitioner has submitted that Division Bench has held as under:-

“In view of the above discussion, the referred questions are answered in the terms that once the Officer of the Mining Department, who seized the

vehicle, has reported such seizure to his Superior Officer and to the Magistrate having jurisdiction, he shall cease to have the power to release the

vehicle, and in that event, the Magistrate having jurisdiction would be empowered to release such vehicle, with or without the condition of deposit of

compounding fee.â€​

The learned counsel for the petitioner has contended that the petitioner is not willing to compound the offence, as he has decided to contest the case.

The orders passed by the two courts below whereby release of the vehicle on Supurdagi was refused have been assailed. The learned counsel for the

petitioner has stated at Bar that the petitioner is the registered owner and no confiscation proceedings are pending qua the tractor and trolley and the

same are case property of case FIR No. 194/2018 registered at Police Station Baswa, Dausa for the offences under Section 379 IPC and Sections

4/21 of MMDR Act.

The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the

Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain

useful. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial

court is directed to release the tractor alongwith trolley seized as case property by imposing following conditions:-

a) That the petitioner shall keep the tractor and trolley so released intact and shall not change their identification.

b) That the petitioner shall produce the tractor and trolley as and when trial court requires the same for proposed identification of the case property.

c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.

(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the

petitioner and sureties, which it may deem fit. Needless to say, trial court shall make verification that the petitioner is a registered owner of the

vehicle.