ASHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the controversy involved in this batch of criminal misc. petitions is similar, therefore, the same are being heard together and decided by this common order.

(2.) The petitioners, in these criminal misc. petitions, have prayed for release of their vehicles, namely, tractors and trolleys, which have been seized by the concerned Police Station. The Registration Certificates of their vehicles have also been seized. The seizure has been effected on account of the tractor along with trolley being found to be used for allegedly committing offences under Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "the Act of 1957") and under Section 379 IPC for illegal transportation of "Bajri". In other cases, the illegal transportation is being found of other minerals without obtaining royalty receipt, ravanas, transit pass etc. The details of the vehicles are as under:-

(3.) The trial Court has rejected the applications moved under Section 457 Cr.P.C. by the petitioners observing that there is a great loss of revenue caused by illegal transportation of minerals by the tractors along with trolleys and are likely to be used for recurrence of the illegal activity. It has also been noticed that the amount of penalty for compounding the offence under the Act of 1957 has also not been deposited and some of the trolleys are found to be unregistered.