[2026:RJ-JP:12377] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5748/2025 Sohan Lal Choudhary S/o Shri Babu Lal Choudhary, Resident Of Plot No. 37, Shri Om Vatika, 6Th Kalwar Road, Hathoj, District Jaipur, Rajasthan. ----Petitioner Versus The State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Jaikishan Yogi, Adv. For Respondent(s) : Mr. Subham Gupta for Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/03/2026 1. Instant Criminal Misc. Petition under Section 528 of BNSS has been filed by the petitioner assailing the order dated 05.08.2025, passed by the learned Additional Sessions Judge No.1, Sambhar Lake, District Jaipur in Criminal Revision No.25/2025 whereby learned Revisional Court dismissed the revision petition filed by the petitioner and affirmed the order dated 06.05.2025, passed by the learned Civil Judge cum Additional Chief Judicial Magistrate, Jobner, District Jaipur in Criminal Case No.144/2025 whereby application filed under Section 451/457 of Cr.P.C. (Section 497/503 of BNSS) for releasing the vehicle No. RJ14-GR-8198 on supurdginama was dismissed. 2. Counsel for the petitioner submits that both the trial Court and Revisional Court have committed error in refusing to release [2026:RJ-JP:12377] (2 of 4) [CRLMP-5748/2025] the vehicle in question on supurdginama. Counsel submits that the petitioner is the registered owner of the vehicle in question. He submits that while passing the impugned orders, the trial Court as well as Revisional Court have overlooked the right of the petitioner to his property and also the fact that the petitioner is in dire need of the vehicle in question for earning his livelihood. Counsel submits that the vehicle in question is the only source of income of the petitioner, which is presently stationed at Police Station and soon the vehicle would become junk. Counsel submits that the petitioner is ready to abide by all such conditions which may be imposed by this Court. 3. Learned State Counsel opposed the submissions advanced on behalf of the petitioner and submits that the vehicle in question was involved in illegal mining of bajri (river sand) and on an earlier occasion also, the said vehicle was seized on 29.01.2025 for carrying illegal bajri. He submits that the vehicle in question can be released only upon payment of fine amount and 50% of showroom price of the vehicle in question as per the orders of National Green Tribunal. 4. Heard learned counsel for the parties and perused the impugned orders passed by the trial Court as well as Revisional Court. 5. Perusal of the impugned orders would show that during checking, the vehicle in question was seized under Rule 54 & 60 of Rajasthan Minor Mineral Concession Rules, 2017 (for short, ‘MMCR, 2017’) for carrying illegal bajri without generation of E- ravanna and without payment of royalty. Earlier also, on [2026:RJ-JP:12377] (3 of 4) [CRLMP-5748/2025] 29.01.2025, the said vehicle was seized for carrying illegal bajri by the Mining Department and the vehicle was released on supurdgi on the undertaking given by the petitioner that in future, he will not misuse the vehicle for illegal mining activities. In this regard, the petitioner also gave an affidavit. Despite undertaking given by the petitioner, he again used the vehicle in question for carrying illegal bajri, which is clear cut violation of undertaking given by the petitioner. 6. According to the orders dated 05.04.2019 & 19.02.2020, passed by National Green Tribunal, New Delhi and as per the letter dated 16.05.2023, issued by the Department of Mines and Petroleum, Rajasthan, Jaipur, if the vehicle/equipment is found repeating the offence, the same can be released upon payment of 50% of its showroom value. 7. Having regard to the totality of the facts and circumstance of the case; considering the arguments made by both the parties, this Court is of the considered opinion that the learned trial Court and Revisional Court have not committed any error in dismissing the petitioner’s application for releasing the vehicle in question on supurdgi as on an earlier occasion also, the said vehicle was seized for carrying illegal bajri by the Mining Department and the vehicle was released on supurdgi on the undertaking given by the petitioner that in future, he will not misuse the vehicle for illegal mining activities but the petitioner has violated the undertaking given by him at the time of release of vehicle in question. Further, considering the directions issued by the National Green Tribunal in its orders as well as letter issued by the Department of Mines and [2026:RJ-JP:12377] (4 of 4) [CRLMP-5748/2025] Petroleum, Rajasthan, Jaipur, this Court is not inclined to interfere with the impugned orders passed by learned trial Court and learned Revisional Court. 8. Accordingly, this Criminal Misc. Petition stands dismissed. 9. The stay application and pending application(s), if any, also stand dismissed. (ANIL KUMAR UPMAN),J Manoj Solanki /26