VISHVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these petitions have been filed by the petitioners praying for release of Dumper/Truck/Trailer, which were seized, while doing illegal mining. The details of the concerned vehicle are being shown in the annexed Schedule-"A" to this order as per their respective petitions.

(2.) The release of vehicle has been examined at length by the Supreme Court in the case of Sunderbhai Ambalal Desai and 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 01.10.2020. In the case of Asharam (supra), the Court has held as under:

(3.) In view of the above, all these petitions are allowed and the orders passed by the Court below are quashed and set aside, however, taking into consideration that the vehicle is a dumper/truck/trailer and not tractor as in Asharam (supra), the security amount is liable to be enhanced and following directions are passed: