Avtar Saini vs State Of Rajasthan Assistant Of Engineer Mines Department Dausa

This Petition under Section 482 Cr.P.C. has been filed against the order dated 16-8-2019 passed by Additional Sessions Judge No.1 Bandikui

District Dausa dismissing the revision petition and confirming the order dated 5-8-2019 passed by Judicial Magistrate Bandikui vide which the

petitioner's application for release of JCB was dismissed.

Heard learned counsel for both the sides and perused the material made available on record.

Learned counsel for the petitioner submits that the Police and Surveyor of the Mining department have seized the petitioner's JCB machine with the

allegation that the vehicle was used for excavation of Bajri from river Savan of village Gadandi.

The petitioner was asked to deposit Rs.3,65,500/- under Rule 54(3) of the Rajasthan Mines and Mineral Concession Rules, 2017 as compounding fee.

The JCB was seized from the residence of the petitioner and it was not involved in any excavation of Bajri. The demand of Rs.2,20,500/- as price of

630 ton Bajri alleged to be excavated by the JCB has been made without any basis. The application for release of the seized vehicle has been

dismissed without considering the factual aspects as well as legal aspects of the matter. The seized vehicle may destroy in efflux of time, so in the

light of the judgment in Sunderbhai Diesel Vs. State of Gujarat [(2002)10 SCC 283,] impugned orders may be quashed and the petitioner's application

for release of JCB be allowed.

Learned Public Prosecutor has opposed the Petition with the submissions that this petition is not maintainable against the order passed in revision.

Further in view of judgments cited in the impugned order and the judgment of the Division Bench of this Court in Khem Singh Vs. State of Rajasthan

[DB Civil Writ Petition No.4239/2019, order dated 3-9-2019] the petitioner is not entitled to get release JCB without depositing compounding fee as

calculated in terms of the provisions of Mining Act and Rules.

Heard. Considered.

The impugned orders clearly indicates that as per case diary and factual report submitted by the Mining Department the petitioner's JCB has been

found excavating Bajri in river Sawa at village Gadandi along with a tractor trolly in which Bajri was being loaded through the JCB. Learned Judicial

Magistrate Bandikui has refused to release the seized JCB without depositing the compounding fee as calculate by the Mining Department. The

Division Bench of this Court in the case of Khem Singh (supra) has held that no vehicle involved in mining activities should be released without

payment of compounding fee. Thus both the courts below have not committed any illegality or irregularity in refusing to release the seized JCB without

depositing the compounding fee.

So far as the contention raised by the counsel for the petitioner regarding correctness of the prosecution story is concerned, he may put forth his

contention before the Investigating Officer or his Higher Officers for their consideration to ensure fair investigation, but at this juncture, no opinion can

be expressed on the petitioner's allegations.

With the above observations, the Petition stands dismissed.