MUNSILAL GAUTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this petition under section 482 of the Code of Criminal Procedure, 1973 being aggrieved by the impugned order dated 20/06/2016 passed by 2nd Additional District Judge, Sidhi, linked Court, Rampur Naikin, Distt. Sidhi in Criminal Revision No.31/2018 whereby the revision filed by the applicant has been dismissed, affirming the order dated 13/06/2018 passed by JMFC, Rampur Naikin thereby dismissing the application filed by the applicant under section 457 of Crimial P.C. 1973 for taking tractor and trolley bearing registration No.M.P.53 A.A.4436 on interim custody (Supurdagi).

(2.) The facts giving rise to this petition, in short, are that on 07/06/2018 Police staff of Police Chowki, Khaddi of Station, Rampur Naikin were on patrolling duty and when the Police reached near Village Bhuiyadol, they found a tractor attached with trolley without having any registration number, transporting sand. Noticing the Police, driver of the tractor namely Rajjan Gautam tried to flee from the spot but Police staff caught hold him and asked for document with regard to transportation of the sand and of the tractor trolley. He informed that this tractor belongs to Munsilal Gautam who is applicant herein and not having any valid license permit for transporting the sand. Crime No.064/2018 was registered at Police Chowki Khaddi and seized the tractor along with sand. Original Crime No.283/2018 was registered in Police Station under Sections 379, 414 read with Sec. 34 of Penal Code and also under section 4 of Mines And Minerals (Development And Regulation) Act, 1957.

(3.) The applicant filed an application before JMFC, Rampur Naikin for taking the tractor and trolley on interim custody. Learned JMFC vide order dated 13/06/2018 has dismissed the application on the ground that the tractor was seized under the offence of illegal transporting the sand. As per Madhya Pradesh Minor Mineral Rule, 1996, as amended on 18/05/2017, jurisdiction of disposal of tractor trolley vests upon the Collector. By virtue of that section, learned JMFC has dismissed the said application. Being aggrieved by that order, the applicant filed a revision before the 2nd Additional Sessions Judge, Sidhi, linked Court, Rampur Naikin, Distt. Sidhi. The re-visional Court after hearing both the parties vide order dated 20/06/2018 has dismissed the revision affirming the order passed by the trial Court.