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Chaina Ram vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 451/457[Corresponding Secs. 497/503 of BNS]–Rajasthan Minor Minerals Concession Rules, 2017–Rules 54/60–Vehicles seized for illegal mining activities–Release of–State Authorities have the powers for initiating confiscation proceedings in relation to the vehicles seized for violation of the mining laws–If the confiscation proceedings are initiated, the vehicle cannot be released on supurdginama–However, the said vehicles can only be released on payment of penalty and compounding fees–Whereas, the vehicles qua which no confiscation proceedings have yet been commenced, the competent Criminal Court can hand-over interim custody of the vehicles to its true owner as a Criminal Court is not supposed to keep a vehicle detained until the confiscation proceedings are commenced and concluded by the Mining Department–Direction issued accordingly.