(1.) Challenge is to the order dated 9.9.2013 passed by the Judicial Magistrate Ist Class, Ajnala, whereby the application of the petitioner for release of his TATA ACE (Chota Hathi) bearing registration No. PB-02-BD- 9552 on supurdari has been dismissed.
(2.) The FIR has been registered under Section 379 IPC and Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957 and the aforesaid vehicle was taken into custody.
(3.) Counsel for the State, on instructions from ASI Kabal Singh, has informed the Court that after investigation the challan has been presented on 15.6.2013. The vehicle is in custody since 11.4.2013. The respondents have no objection if the vehicle be released on Supurdari to its owner. However, the application has been rejected on the ground that the provisions of the Act have to be followed strictly and the compounding of the offences has been discouraged.