SUDHA KESARWANI Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned AGA for the State. This petition has been filed with a prayer to quash the order dated 15.2.2010 passed by the Judicial Magistrate, Court No. 3, Allahabad in State v. Anand Kumar Criminal Misc. Application No. 68/ XII/ 2010, P.S. Koraon, District-Allahabad, whereby the application of the Petitioner Sudha Kesarwani for release of Truck No. U.P. 70-G-9495 was rejected on the ground that the Magistrate had no jurisdiction to release the vehicle. The aforesaid truck was seized by Tehsildar, Koraon on 24.1.2010 transporting the minerals in violation of the provisions of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act') and the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the 'Rules') The aforesaid truck was seized by the Tehsildar and was handed the police for safe keeping and application for release of the aforesaid vehicle was moved by the Petitioner before the Magistrate. The Magistrate called for reports from the police and the District Magistrate.

(2.) As per the report of the police, vehicle was detained under Section 207 of the Motor Vehicles Act whereas the report of the Collector stated that the Petitioner coula get his vehicle released after depositing compounding fee and the application was not maintainable in view of Section 22 of the Act and Rules 74 of the Rules.

(3.) In the counter affidavit, it has been averred that the Petitioner has violated Rule 75 of the Rules and Section 23-A of the Act and the District Magistrate is authorized to compound the offence.