Vehicle Seized For Illegal Mining Can't Be Released After Criminal Case Ends; Confiscation Proceedings Must Be Considered: Rajasthan High Court
The Rajasthan High Court has held that the confiscation proceedings initiated by the Mining Department and the criminal proceedings initiated for illegal mining are separate, and conclusion of criminal case does not automatically result in release of the vehicle seized therein.
For context, a complaint was filed before the Magistrate under the Motor Vehicles Act, 1988 (“MV Act”), in which the petitioner's vehicle was seized. The driver of the vehicle pleaded guilty but was released after getting benefit of the Probation of Offenders Act. The Magistrate directed that if the vehicle was not required in any other case, it may be released.
It was the case of the petitioner, that despite the order of the magistrate, the vehicle was not released by the police on the ground that the proceedings were pending before the Mining Department.
The State argued that the vehicle was allegedly involved in the transportation of illegal minerals, hence, confiscation proceedings were pending before the Mining Authority in which background the vehicle could not be released.
After hearing the contentions, the bench of Justice Baljinder Singh Sandhu highlighted that the Magistrate had only ordered a conditional release of the vehicle subject to it not being required in any other case. The Court observed that the Magistrate was dealing only with the complaint under the MV Act and no report from the Mining Department was called for.
In this background, while opining that the proceedings under both the MV Act and the Mines and Mineral (Development and Regulation) Act, 1957, were separate, the Court observed,
“…as the release of the vehicle of the petitioner is concerned, the same is certainly subject to the confiscation proceedings undertaken by the Mining Department and the orders regarding the same can be passed by the learned Magistrate only after considering the report of the Mining Department. The record does not disclose any such application to have been considered by the learned Magistrate. The proceedings decided by the learned Magistrate is the Complaint filed under the provisions of MV Act, in which, the driver was found guilty.”
Accordingly, the petition was disposed of by granting liberty to the petitioner for filing a fresh application before the Magistrate, and directed the Magistrate to consider the same after seeking report from the Mining Department.
Title: M/s Shriram Enterprises v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 372