VIDYA NAND YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shivam Yadav, learned counsel for the revisionist and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing along with Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

(2.) Present criminal revision has been preferred seeking to set-aside the order dated 7.7.2021, passed by the Chief Judicial Magistrate, Kushinagar at Padrauna, whereby the application filed by revisionist under Section 457 of the Code of Criminal Procedure, 1973 [The Code], for release of truck seized under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 [MMDR Act], has been rejected.

(3.) Pleadings of the case indicate that the vehicle owned by the revisionist, a truck carrying gitti (a minor mineral), was seized by the Mines Inspector, Kushinagar on 19.4.2021, and a report was forwarded to the District Officer for further proceedings under Rule 74 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 [The Concession Rules]. The revisionist claims to have approached the District Officer and thereafter he filed an application under Section 457 of the Code before the Chief Judicial Magistrate, Kushinagar at Padrauna, on 3.6.2021, seeking release of the vehicle. The Chief Judicial Magistrate, after calling for a report from the Mines Inspector, passed an order on 7.7.2021, rejecting the application filed under Section 457 of the Code.