Ganga Ram vs State And Ors

The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner seeking release of vehicle No. RJ-46-GA-2929 in his favour.

Counsel for the petitioner Mr. Moti Singh submits that the petitioner is a registered owner of the vehicle. In village Sindhara, Tehsil Jaswantpura, District Jalore, a registered lease for 'Bajari' mining has been issued to M/s Dalla Ram S/o Surta Ram and the petitioner loaded the 'Bajari' from the lease area on 24.05.2020. A Ravanna was issued by the Mining Department for the said 'Bajari'. It is argued that when the vehicle of the petitioner was passing from Kagmala circle, Jaswantpura, the said vehicle was detained by the S.H.O., P.S. Jaswantpura. As per seizure memo, the total weight of Bajari was 39940 kg and 14390 kg was overloaded in the truck dumper.

The petitioner filed an application for release of vehicle before the court of Judicial magistrate, Raniwada. The Mining department submitted their reply and stated that as per directions issued by the Hon'ble High Court in the case of Khem Singh Vs. State of Raj.& Ors (D.B. Civil Writ Petition no. 4239/2019) dated 03.09.2019, the petitioner is liable to deposit a sum of Rs. 2,05,036/-. The learned Magistrate after considering the arguments, directed to release the vehicle of the petitioner subject to depositing fine of Rs. 1500/-. it is argued that in pursuance of said order dated 29.05.2020, the petitioner deposited the amount of fine before the court of Judicial Magistrate, Raniwada, however, the S.H.O, P.S. Jaswantpura refused to release the vehicle and informed that on 29.05.2020, the Mining Engineer has passed an order not to release the vehicle. It is submitted that if the vehicle is not released on 'superdginama' and allowed to lie in open place at the police station, it will get damaged. Learned counsel for the petitioner placed reliance on decision in the case of Laxman Vs. State of Raj. (D.B. Criminal Misc. Petition No. 60/2018) decided on 06.04.2018 and Mohammad Harun Vs. State & ors (S.B. Criminal Misc. petition No. 1415/2020) decided on 29.06.2020.

Per contra, counsel for the Mining department Mr. Digvijay Singh Jasol filed a detailed reply and mentioned that the vehicle was carrying a total of 29.740 metric tonn Bajari. The extra Bajari was being carried by the vehicle comes under the category of illegal mining of Bajari. So, the Mining department raised a total demand of Rs. 2,05,036/- which included 10 times royalty on the excess Bajri that was being carried and compensation amount in terms of order passed by the Hon'ble Division Bench of Hon'ble High Court in the case of Khem Singh (Supra). He placed reliance on the judgment in the case of Khem Singh (supra), S.B. Criminal Misc. Petition No. 6585/2019 (Bhagwan Singh Vs. State ) decided on 03.06.2020 and order of National Green Tribunal in Original Application No. 44/2016 dated 19.02.2020.

I have heard learned counsel for the parties and carefully gone through the material on record. This Court is of the opinion that in case of continued seizure, condition of the vehicle would deteriorate and even the Mining Department will not be able to recover its dues. However, Hon'ble Division Bench in the case of Khem Singh (supra) so also the National Green Tribunal has specifically directed that the vehicle in question may be released only after depositing the amount payable including the royalty and fine imposed.

The present petition is thus disposed of. It is directed that the petitioner will be required to deposit the amount determined by the Mining Engineer. On furnishing proof of depositing the amount, the concerned trial court shall pass formal order to release the vehicle on following conditions :-

(I) The petitioner will not transfer, sell or otherwise alienate vehicle in question;

(ii) he will not carry out any material change in the vehicle.

Needless to observe that the petitioner shall be free to take appropriate remedies against the determination of the amount in accordance with law. He will not be non-suited merely because he has deposited the amount.