Dharmi Mali @APPELLANT@Hash State of Rajasthan & Ors

The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 05.06.2018 passed by Chief Judicial Magistrate, District

Karauli, be set aside, whereby the said court refused to release Tractor Registration No. RJ-34-RV-0375 alongwith trolley No. RJ-34-EV-0580 to the

petitioner. It is further prayed that the order dated 26.06.2018 passed by revisional court, be also set aside.

The learned counsel for the petitioner has submitted that petitioner is a registered owner of the tractor & trolley.

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 tractor and trolley on Supurdagi was refused have been assailed.

The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the tractor and trolley and the same are case

property of case FIR No. 184/2018, registered at Police Station Kotwali, District Karauli, for the offences under Section 379 IPCÂ and Section4/21

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 and trolley seized as case property by imposing following conditions:

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

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

(c) That the petitioner shall execute Supurdaginama/indemnitybond 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.