RAKESH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ajeet Kumar Mishra holding brief of Sri Alok Kr. Misra, learned counsel appearing for the applicant and Ms Charu Singh, learned Additional Government Advocate and perused the record.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has assailed validity of the order dtd. 20/7/2022 passed by Judicial Magistrate-I, Gonda whereby an application for release of a vehicle has been rejected by the trial court on the ground that as per the provisions contained in Sec. 72(6) of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021 (hereinafter referred to 'the Rules, 2021'), the District Magistrate is authorized to pass an order for release of vehicle. The applicant had filed Criminal revision No.273 of 2022 challenging the aforesaid order dtd. 20/7/2022 and the revision has been dismissed by means of the the judgment and order dtd. 19/6/2022 passed by the Additional Sessions Judge, Gonda and the applicant has challenged the validity of that order also.

(3.) Briefly stated facts of the case are that the applicant owns a JCB brand excavation machinery, which was seized on 6/7/2022 on the allegation that it was found engaged in digging a pond without any permit.