Court clarifies that criminal proceedings under Motor Vehicles Act do not automatically entitle release of vehicle; Magistrate must consider confiscation proceedings separately before ordering release.
In a significant judgment delivered on August 21, 2026, the Rajasthan High Court addressed the legal complexities surrounding the release of vehicles seized for illegal mining activities. The petitioner, M/s. Shriram Enterprises through its proprietor Ramchandra, sought release of a dumper truck seized by police under the Motor Vehicles Act, 1988. The vehicle was involved in transporting minerals illegally, leading to criminal proceedings against the vehicle driver under multiple sections of the Motor Vehicles Act.
Though the Magistrate had earlier allowed conditional release of the vehicle after the driver was granted probation under the Probation of Offenders Act, the police authorities withheld the vehicle citing pending confiscation proceedings initiated by the Mining Department. The petitioner challenged this refusal before the High Court.
Justice Baljinder Singh Sandhu of the Rajasthan High Court ruled that criminal proceedings under the Motor Vehicles Act and confiscation proceedings under the Mining Department are distinct and separate. The Court emphasized that even if criminal prosecution concludes, it does not automatically entitle release of the seized vehicle if confiscation proceedings remain pending.
The Court held that the Magistrate must first seek a detailed report from the Mining Department concerning the confiscation proceedings before deciding on the release of the vehicle. The earlier Magistrate order for conditional release did not consider this crucial aspect and hence could not be enforced as is.
The petitioner was granted liberty to file a fresh application for release of the vehicle under Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Magistrate was directed to consider the application afresh after obtaining the Mining Department's report and in accordance with the precedent set by the High Court in the recent "Phusaram v. State of Rajasthan" judgment pronounced on the same day.
This judgment clarifies procedural requirements and safeguards in cases involving vehicles seized for illegal mining, reinforcing the principle that multiple legal processes must be respected independently to ensure lawful disposal of seized property.
Bottom Line:
Vehicle seized under the Motor Vehicles Act and involved in illegal mining cannot be released automatically even if the criminal proceedings under the MV Act are concluded. Confiscation proceedings under the Mining Department are separate and must be considered by the Magistrate after seeking a report from the Mining Department.
Statutory provision(s):
Motor Vehicles Act, 1988 Sections 3, 39, 146, 181, 192, 207; Probation of Offenders Act, 1958; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 503
M/s. Shriram Enterprises v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2975265
