Code of Criminal Procedure, 1973–Sec. 451/457–Mines & Minerals (Development & Regulation) Act, 1957–Sec. 4/21–Rajasthan Minor Mineral Concession Rules, 2017–Motor Vehicles Act, 1988–Release of vehicles which have been seized by the police–Neither any fine as determined by NGT was being imposed nor any cost of the mineral was being recovered–To maintain the parity, it would be appropriate to release the vehicles subject to the following conditions–
(i) Petitioners shall deposit the compounding fees, the compensation as determined by the NGT and cost of the minerals with the Mining Department,
(ii) Petitioners shall submit proof of such deposit before the concerned Court,
(iii) Petitioners shall submit an undertaking to the court below that in future, they would not indulge in any illegal mining and/or illegal transportation of minerals and that if in future, the Apex Court imposes any condition, they would comply the same.
If a person wishes to contest the criminal case, still the vehicles would be released on depositing the compensation as determined by the NGT and the cost of minerals–Compounding fees would not be collected and the criminal case would proceed.
