MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for release of Pick-up, which was seized, while doing illegal mining.

(2.) The release of vehicle has been examined at length by the Supreme Court in the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat: (2002) 10 SCC 283, which has been followed by this Court in Asharam Versus State of Rajasthan: S.B. Criminal Misc. Petition No.2723/2019 along with connected cases decided on 3/2/2020 and Nathulal Versus State of Rajasthan: S.B. Criminal Misc. Petition No.2755/2020 decided on 1/10/2020. In the case of Asharam (supra), the Court has held as under:

(3.) In view of the above and taking into consideration the vehicle involved, this petition is allowed and the order passed by the Court below is quashed and set aside, with the following directions: