LAXMAN MEHRAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter has been laid before us upon a reference by a Single Bench of this Court on following question for authoritative pronouncement in view of conflicting judgments rendered by two Single Benches:-

(2.) Facts of the first case, namely, D.B. Criminal Miscellaneous Petition No.60/2018, are being taken as the basis for answering the referred questions. A First Information Report No.448/2017 was registered with Police Station Beawar Sadar for offence under Sections 143, 323, 341, 332, 353, 379 and 392 of the Indian Penal Code (for short, 'the IPC') and Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 (for short, 'the MMDR Act') . F.I.R. was registered at the instance of Mahendra Singh, Head Constable, Police Station Beawar Sadar. It was alleged therein that the Station House Officer of that Police Station along-with certain other police personnel and Manish Panwar, Foreman of the Mines Department, on the instructions of the Circle Officer, Beawar, inspected different mines of village Lahari and Kanakhera to prevent illegal mining. During the course of checking, one Narendra Singh, Head Constable and Goparam, Constable, along with Manish Panwar reached the place of illegal mining, where unnumbered JCB 3 DX was being used for loading illegally excavated minerals in Dumper RJ-36-GA-4457. When the name of JCB driver was asked, he disclosed his identity as Rashid Kathat S/o Shri Samda Kathat, R/o Bichali Dang, Kanakhera. On being further asked to produce licence or permit for mining, he failed to produce the same. Mining activity was thus being carried out illegally. Mining Officer seized the aforesaid JCB vehicle but the Driver, taking advantage of darkness, escaped. During the course of investigation, the Dumper was seized. Police Intended to take the dumper to Police Station. The dumper was being driven by one Omprakash and informant Narendra Singh along-with Gopalram were also sitting on the dumper. Even as they had covered distance of only one kilometer towards Beawar, 5-6 persons came there on three different motorcycles and intercepted them. Driver of dumper Kalu and Gaurav Rawat R/o Gopal Sagar were also accompanying them. They indulged in 'maar-peet' with the police personnel and ran away with the dumper. Dumper was however later again seized.

(3.) Petitioner Laxman Singh, claiming to be the registered owner of the dumper, filed an application before the Court of Additional Chief Judicial Magistrate No.1, Beawar for releasing the dumper on 'supurdaginama'. The learned ACJM dismissed the application vide order dated 21.11.2017 by holding that this vehicle was found involved in illegal mining, therefore it could not be released as his Court was not empowered to release the vehicle under Section 451 and 457 of the Code of Criminal Procedure in view of the judgment of this Court in Ramswaroop Vs. State of Rajasthan, (2016) 1 RajLW 490 and another judgment of this Court dated 10.02017 in S.B. Criminal Miscellaneous petition no.759/2017 Mala Ram Vs. State of Rajasthan. Aggrieved thereby, the petitioner filed Revision Petition before the Court of Additional District Judge No.1, Bawar, who by order dated 20.12.2017, relying on the judgments of this Court in Ramswaroop, supra, and Mala Ram, supra, dismissed the Revision Petition and affirmed the order dated 21.11.2017. Aggrieved thereby, the petitioner has approached this court.