LOKVARDHAN SINGH Vs. STATE

JUDGEMENT

(1.) The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 18.09.2020 passed by learned Additional Sessions Judge, Sagwara whereby, the revisional court confirmed the order passed by the trial court dated 19.08.2020 by which the trial court ordered release of vehicle in favour of petitioner imposing condition of depositing compounding fees, royalty etc in the sum of Rs. 1,26,400/-.

(2.) Counsel for the petitioner submits that two vehicles were seized by the Mining department. One vehicle was released by the trial court while imposing penalty in the sum of Rs. 26,400/- but in this case, the trial court has imposed condition of depositing compounding fees, royalty etc in the sum of Rs. 1,26,400/-. It is argued that as per mauka report, the vehicle was standing in the field of the petitioner containing sand and father of the petitioner has obtained a permission for said tractor from Panchayat Samiti, Aaspur. The land where the tractor was seized also belongs to father of the petitioner. He cited order dated 18.09.2020 passed by the learned Additional District and Sessions Judge, Sagwara in similar case where the learned Additional District Judge ordered to release the vehicle on superdginama of Rs. 3,00,000/- and upon condition of depositing a sum of Rs. 26,400/- before the trial court or mining department.

(3.) Per contra, counsel for the Mining department Mr. Digvijay Singh Jasol opposed the release of vehicle and submitted that the vehicle in question was being used for illegal excavation and transportation of river sand i.e. 'Bajari'. Whether the seized material is Bajari or sand can be ascertained after getting it tested from the Lab and only thereafter, the vehicle can be released in favour of the petitioner. The Bajari being carried by the vehicle comes under the category of illegal mining of Bajari, so the petitioner is liable to pay not only the applicable royalty but also the compounding fees in terms of order passed by the Hon'ble Division Bench of Hon'ble High Court in the case of Khem Singh (Supra).