HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 490/2022 1. Lalaram Son of Dhannaram, aged about 35 Years, Resident of Ralawata, Faliawas, Jaipur (Raj.) 2. Laxmi Narayan Son of Harsahai, aged about 30 Years, Resident of Heera Buddha Ki Dhani, Mundi, Post Achalpura, Tehsil Bassi, District Jaipur (Raj.) ----Petitioners Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP with Mr. Gaurav Gupta-Asstt.G.A and Mr. Sapan Soni JUSTICE ANOOP KUMAR DHAND Order 21/05/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 08.07.2021, passed by the Court of Chief Judicial Magistrate, Niwai, District Tonk, by which the application submitted by the petitioners under Section 457 Cr.P.C., seeking supurdagi of the Tractor with trolly bearing No. RJ14-RD- 4048, has been rejected and liberty has been granted to the petitioners to submit fresh application after depositing the compound and penalty charges with the concerned department. 2. It appears that the vehicle in question i.e. Tractor with Trolly bearing RJ14-RD-4048 belongs to the petitioners, was seized by the Police on account of illegal transportation of bazri and an FIR No. 214/2021 was registered with Police Station Niwai, District (2 of 2) [CRLMP-490/2022] Tonk for the offences punishable under Sections 379 and 188 IPC and Section 4/21 of the Mines and Minerals Act, 1957. When the petitioners submitted an application seeking supurdagi of the aforesaid vehicle, the said application has been decided by the learned Magistrate in the light of the order dated 11.07.2023 passed by the Hon’ble Apex Court in the case of State of Rajasthan Vs. Julfi Singh, in Special Leave Petition (Criminal) No. 1042/2021, wherein the Hon’ble Apex Court has held that in cases involving seizure of vehicles while carrying bazri procured through alleged illegal mining, the release of such vehicle is subject to the condition that the owner would deposit the compound and penalty fees with the Department of Mines. 3. Admittedly in the instant case, the compound and penalty fees has not been deposited by the petitioners, hence under these circumstances, the instant petition stand dismissed granting liberty to the petitioners to revive their prayer for release of the vehicle after compliance of the aforesaid directions i.e. depositing the compound and penalty fees. This Court finds no error the impugned order passed by the Court below which requires any interference. 4. Accordingly, the instant petition stands dismissed. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/32