VINDHYESHWAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Samarth Sinha, learned counsel for the revisionist and learned AGA for the State.

(2.) The revisionist Vindhyeshwar Singh @ Bindeshwar Singh has preferred this criminal revision against the impugned order dtd. 15/2/2021 passed by the learned Chief Judicial Magistrate, Fatehpur in Criminal Misc. Case No. 04 of 2021 (State vs. Bindeshwar Singh) under Sec. 451 and 457 Cr.P.C., Police Station Lalauli, District Fatehpur whereby the application of the revisionist for release of Truck No. U.P. 71 T 6915, was rejected.

(3.) The facts which are requisite to be stated for adjudication of this revision are that on 28/10/2021, a report has been received from the S.O. Lalauli, District Fatehpur that Truck No. U.P. 71 T 6915 was seized under sec. 207 of Motor Vehicles Act which was said to be used in transporting the illegal mineral. The release application was moved by the truck owner/revisionist on the ground that applicant's truck was carrying mineral under valid "Abhivahan Pas", which was seized by S.O. Lalauli, District Fatehpur and kept the truck at the police station. The complaint was filed by Mines Officer, Fatehpur under sec. 4/21 of the Act. The release application was rejected by learned Chief Judicial Magistrate, Fatehpur vide order dtd. 15/2/2021 on the ground that the vehicle was used in transporting the mineral sand which lead to losses of natural resources of the State and confiscation proceeding would be initiated at the instance of the concerned department.