SHIV RAM GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these petitions relate to the prayer for release of tractors and trolleys, which have been seized by the Police Authorities/Mining Authorities/Forest Officials for various reasons including carrying "bazri", by way of illegal mining in Rajasthan and selling out the same etc. and have been filed against the order passed by the concerned Magistrate whereby application under Section 451 and 457 Cr.P.C for releasing of tractor and trolley was rejected and in some cases affirmed in revision also and therefore, the same are being heard together.

(2.) Learned counsel for the petitioners relying upon the judgments passed by this court in S.B. Criminal Misc. Petition No. 2723/2019 (Asharam and Ors. Vs. State of Rajasthan and connected misc. petitions) decided by common order dated 3.2.2020, S. B. Criminal Misc. (Petition) NO.2687/2020 (Nandlal Vs. State of Rajasthan) decided on 1.10.2020, in the case of Nathulal Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2755/2020) decided on 1.10.2020, which also took into consideration the interim order passed in PIL "Khem Singh Vs. State of Rajasthan", (D.B.Civil Writ Petition NO.4239/2019) as well as judgment passed by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai and Ors. Vs. State of Gujrat: (2002) 10 SCC 283, submitted that the vehicles be released on appropriate terms and conditions.

(3.) Learned Public Prosecutor has opposed these criminal misc. petitions.