MAKHAN PRAJAPATI Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition is preferred under Section 482 of CrPC arising out of the order dated 28.11.2020 passed by Second Additional Sessions Judge, Karera, District Shivpuri in Criminal Revision No. 73/2020, confirming the order dated 9.9.2020 passed by Judicial Magistrate First Class (JMFC), Karea District Shivpuri in Case No.MJCR/63/2020, whereby the application filed by the petitioner under Section 457 of CrPC for releasing the vehicle, has been rejected.

(2.) The facts, in nutshell, are that one case was registered against the present petitioner under Section 379 of IPC and Sections 4(1) and 21(1) of Mines and Minerals Act and vehicle bearing registration No. MP33-HA-3600 has been seized. The revision preferred against the order dated 28.11.2020 passed by JMFC Karera District Shivpuri has been rejected by order dated 9.9.2020 in Criminal Revision No. 73/2020.

(3.) Learned counsel for the petitioner has contended that no prima facie case is made out. The petitioner is a registered owner of the vehicle in question and having all the relevant documents of the seized vehicle including permit of mining issued by the Director of Geology and Mining, Uttar Pradesh for inter-state transit pass valid till 5.9.2020. Long custody of the vehicle would destroy the vehicle entirely and seized vehicle is the only livelihood of petitioner's family. It is also submitted that the petitioner has already deposited penalty amount of Rs.50000/- on 28.9.2020, despite the seized vehicle has not been released by the Courts below. Hence, prays that the impugned order be set aside and seized vehicle be released in favour of the petitioner.