Rajasthan High Court - Jodhpur
State Of Rajasthan vs Kesar Singh on 17 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26781]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2130/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Kesar Singh S/o Basant Singh, R/o Bichu Magri, Nathdwara,
District Rajsamand (Raj.)
----Respondent
Connected With
S.B. Criminal Misc(Pet.) No. 2127/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Surendra Singh S/o Gamer Singh, R/o Village-Dagwada, Tehsil
Nathdwara, District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2128/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Bherulal S/o Kishor, R/o Bhurwada, Tehsil-Railmagra, District
Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2129/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Suresh S/o Hemraj, R/o Villae-Bandinal, Tehsil Nathdwara,
District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2131/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
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[2025:RJ-JD:26781] (2 of 5) [CRLMP-2130/2021]
Ghanshyam S/o Ramlal, R/o Vyas Colony Mundol, District
Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2132/2021
State, Through Public Prosecutor
----Petitioner
Versus
Vishnu Kanwar W/o Ranjit Singh Chauhan, R/o Village-Godwa,
P.s. Nathdwara, District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2133/2021
State, Through Public Prosecutor
----Petitioner
Versus
Shankarlal S/o Tulsiram, R/o Bhurwada, Tehsil-Railmagra,
District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2134/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Bhagwanlal S/o Galaram, R/o Village-Khadri, Kiyawas, P.s.
Nathdwara, District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2135/2021
State Of Rajasthan, Through Public Prosecutor
----Petitioner
Versus
Kailash Kanwar D/o Shanker Singh, B/c Rajput, R/o Ulpura Nadi
Wala, Nathdwara, District Rajsamand (Raj.)
----Respondent
S.B. Criminal Misc(Pet.) No. 2136/2021
State, Through Public Prosecutor
----Petitioner
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[2025:RJ-JD:26781] (3 of 5) [CRLMP-2130/2021]
Versus
Inder Singh S/o Kishor Singh, R/o Village-Saradi, Tehsil-
Salumber, District-Udaipur (Raj.)
----Respondent
For Petitioner(s) : Dr. Praveen Khandelwal, AAG
Mr. S.D. Chawariya
Mr. Mahaveer Bishnoi AAG assisted by
Mr. Gaurav Bishnoi
Mr. Devendra Prajapat
Mr. Mahaveer Pareek
Mr. Lalit Pareek
Mr Harshvardhan
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
ORDER RESERVED ON ::: 28/03/2025
ORDER PRONOUNCED ON ::: 17/06/2025
BY THE COURT:-
1. These batch of Misc. Petitions have been filed by the State of Rajasthan challenging the orders dated 15.07.2020, 04.09.2020, 29.07.2020, 14.08.2020, 05.09.2020 & 09.09.2020 passed in Criminal Appeal/ Criminal Revision Nos. 22/2020, 27/2020, 41/2020, 28/2020, 36/2020, 37/2020, 42/2020, 39/2020, 26/2020 & 41/2020 by the learned Additional Sessions Judge, Nathdwara/Sessions Judge Rajsamand, whereby he allowed the revision petitions moved on behalf of the vehicle owners, directing release of the seized vehicles in their favour.
2. I have heard learned counsel for the parties and have carefully perused the impugned orders as well as the material on (Downloaded on 19/06/2025 at 10:05:31 PM) [2025:RJ-JD:26781] (4 of 5) [CRLMP-2130/2021] record. The matter, though limited in scope, involves certain legal niceties.
2.1. The vehicles belonging to the respondents-accused were seized by the concerned police station on allegations of violating penal provisions under the Mining Laws. It is well settled that an application seeking release of a seized vehicle may be filed either by the registered owner or by a person best entitled to possess the vehicle. The legal position in this regard is no longer res integra, in view of the judgment rendered by the Hon'ble Supreme Court in the case of Sundarbhai Ambalal Desai v. State of Gujarat reported in AIR 2003 SC 638.
2.1. It is pertinent to note that such property, though movable in nature, is still a national asset, and cannot be left to deteriorate in the open parking areas of police stations for an indefinite period. Proceedings under the Mines and Minerals (Development and Regulation) Act can be duly undertaken in accordance with the procedure established by law and rules framed thereunder. 2.2. The grant of interim custody of a vehicle to its registered owner is a discretionary power vested in the criminal Courts under Sections 451 to 457 of the Criminal Procedure Code. If any dues or penalties are leviable against the respondents, the State authorities are not precluded from initiating appropriate steps for their recovery. Merely because proceedings are pending does not necessitate continued detention of the vehicle in every case.
3. Upon careful consideration of the impugned orders of the learned Magistrate, who had earlier dismissed the applications for (Downloaded on 19/06/2025 at 10:05:31 PM) [2025:RJ-JD:26781] (5 of 5) [CRLMP-2130/2021] release, it is evident that several procedural and substantive deficiencies in the prosecution case were rightly noted done by it. These findings, supported by cogent reasons, cannot be overlooked.
3.1. The orders passed by the Court of Revision granting release of vehicles does not disclose any perversity or manifest abuse of the process of law that would warrant interference of this Court in the exercise of its extraordinary jurisdiction. 3.2. Thus, I am, therefore, of the considered view that the Misc. Petitions lack merit and deserve outright dismissal.
4. Accordingly, the instant Misc. petitions are dismissed. The stay petitions, and all pending applications if any also stand disposed of.
5. Let a copy of this order be placed in each connected file.
FARJAND ALI),J 11-Mamta/-
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