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Durga Ram vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 451–Bharatiya Nyaya Sanhita, 2023–Sec. 303(2)–Mines & Minerals (Development & Regulation) Act, 1957–Secs. 4 & 21–Vehicle was seized stealing the river sand (Bajari)–Direction for release the same subject to deposit of penalty and compound fees–From the perusal of record, confiscation proceedings under Rule 54(6) of the RMMCR have been initiated–Respondents are directed to verify it–If the proceedings have been initiated, the vehicle shall be released only on payment of penalty and compounding fees–If it is found that no confiscation proceedings have yet commenced, it is merely an appeal pending against the penalty/compounding order passed by Mining Officer, liberty is granted to the petitioner to approach before the Competent Court.