VIJAY BISHNOI, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 05.11.2019 passed by the Additional Chief Judicial Magistrate, Rajsamand (hereinafter to be referred as 'the trial court') in Criminal Case No.261/2019, whereby the application preferred by the petitioner under Sections 451 and 457 Cr.P.C. for releasing the tractor-cum-trolley being Chassis No.928013140241 and Engine No. S.325K.26289 was allowed by the trial court subject to the condition that the petitioner may deposit amount of Rs.1,00,000/- as compounding fee.
(2.) Being aggrieved with the order dated 05.11.2019 passed the trial court, the petitioner filed Revision Petition No.105/2019 before the Additional Sessions Judge, Rajsamand (hereinafter to be referred as 'the revisional court'), however, the same has been dismissed by the revisional court vide order dated 05.12.2019. The order passed by the revisional court is also under challenge in this criminal misc. petition.
(3.) Having heard learned counsel for the petitioner and after perusing the orders impugned, it is transpire that the trial court has imposed penalty/compounding fee of Rs.1,00,000/- upon the petitioner while releasing the tractor-cum-trolley in question on the basis of order dated 03.09.2019 passed by a Division Bench of this Court rendered in Khem Singh Vs. State of Rajasthan and Ors. (D.B. Civil Writ Petition No.4239/2019). The relevant portion of the order dated 03.09.2019 passed by the Division Bench of this Court is quoted herein under :- "The power to release motor vehicles by the Magistrates under the provisions of the Motor Vehicles Act may not be disputed. Nevertheless the Court is of the opinion that in cases, release of the vehicle by the Magistrates involving seizure of illegal mined Bazari should not be automatic. The Magistrates should invariably levy compounding fees and also having regard to the National Green Tribunal orders specially to levy Rs. 1.00 lacs as compounding fee. Further more, the Magistrates or the Court concerned should ensure that in the cases of release of the vehicle, Bazari or sand should not be permitted to be taken away since Bazari is procured on account of illegal mining, which continues to be vested in the State and has to be appropriately restored back to the position from where it was mined or from where such illegal mining/extraction took place." ;