ALKESH SINGH GAHARWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner herein feels aggrieved with the order dated 30.08.2017 passed by the Additional Sessions Judge and Special Judge (Atrocities) in Criminal Revision No.124/2017, whereby, prayer for releasing the vehicle, which has been seized by police under the provisions of the Mines and Minerals Act, 1957 has been accepted subject to condition that the petitioner shall furnish fixed deposit receipt of a Nationalized Bank equivalent to the price of the vehicle.

(2.) The facts of the case reveal that the vehicle (Truck Hiwa) bearing registration No.M.P.-17-C-5998 has been seized by the police in Crime No.260/2017, Police Station Rampur Naikin for the offences under Section 379 of the IPC and Section 4(1)(A) r/w 21(4)(A) of the Mines and Minerals Act, 1957.

(3.) The prayer for release of the vehicle was made by the petitioner, who happens to be the registered owner of the vehicle. The learned Magistrate declined to release the vehicle. On a revision preferred by the petitioner, the learned Revisional Court by the impugned order directed release of the vehicle subject to condition that the petitioner shall furnish FDR of a nationalized bank in the sum equal to price of the seized vehicle.