PUKHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 5.1.2015 passed by the Sessions Judge, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') in Revision Petition No.326/2014 whereby the revision petition filed by the petitioner against the order dated 12.12.2014 passed by the Metropolitan Magistrate No.3, Jodhpur (hereinafter referred to as 'the trial court') in application under Sec. 457 Crimial P.C. has been dismissed.

(2.) The trial court vide order dated 12.12.2014 rejected the application under Sec. 457 Crimial P.C. filed by the petitioner for releasing the truck manufactured by TATA Company bearing Chesis No.697 T.C. 69 J.V.I. 110924 and Engine No.5883, which was seized by the Mining Department as it was transporting the mining minerals which was illegally excavated without paying royalty. The trial court has rejected the application filed by the petitioner under Sec. 457 Crimial P.C. while observing that the truck cannot be released on supurdaginama till the petitioner pays the penalty imposed by the Mining Department.

(3.) The revision petition preferred by the petitioner against the order dated 12.12.2014 has also been dismissed by the revisional court while observing that the Mining Department has calculated the royalty and compounding amount to the tune of Rs.Rs.52,700.00 and in default of payment of said amount, the vehicle has been seized. It is also observed by the revisional court that the petitioners failed to show any permission for excavating mining minerals and, therefore, till the petitioner pays the amount assessed by the Mining Department, the vehicle cannot be released on supurdaginama in favour of the petitioner.