MALA RAM BISHNOI S/O BHEPA RAM, BY CASTE BISHNOI, RESIDENT OF KHEJARALI KALLA, TEHSIL LUNI, DISTRICT JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has filed this criminal misc. petition under Sec. 482 Crimial P.C. against order dated 202017 passed by Additional Sessions Judge No.1, Jodhpur Metropolitan (for short, 'learned revisional Court'), in Criminal Revision Petition No.97/2017, whereby the learned revisional Court, while dismissing the revision petition filed by the petitioner, has upheld order dated 14.02017, passed by Metropolitan Magistrate No.3, Jodhpur Metropolitan (for short, 'learned trial Court'), in respect of C.R. No.230/2017, Police Station Luni, whereby the learned trial Court dismissed the application under Sec. 457 Crimial P.C. filed by petitioner praying for release of seized JCB bearing Engine No.H001233358 & Chasis No.HAR3DXXXTC-1497714 on 'Superdginama' and 'Jamantinama'.

(3.) Brief relevant facts, for disposal of this petition, are that the aforesaid C.R. came to be registered on 06.02.2017 for offence under Sec. 21/4 of the Mines and Minerals (Development And Regulation) Act, 1957 and Rules 48 & 68 of the Rajasthan Minor Mineral Concession Rules, 1986 on the premise that the aforesaid JCB was found engaged in illegal mining. Petitioner, claiming himself to be the registered owner of the aforesaid JCB, filed application under Sec. 457 Crimial P.C. before the trial Court but the same was dismissed relying on a decision of this Court, at Jaipur Bench, in S.B. Criminal Misc. Petition No.1441/2015 (Ramswaroop Vs. State of Rajasthan) decided on 28.08.2015. It was observed by the learned trial Court that the power to release a seized and impounded vehicle, vests in the authority seizing the vehicle, and it has no power to release the same. The order dated 14.02.2017 was challenged by the petitioner by way of the aforesaid revision petition but without any success. The learned revisional Court, referring to the principle propounded in the case of Ramswaroop (supra), affirmed the decision of trial Court and came to the conclusion that trial Court vests with no jurisdiction to release such vehicle under Sec. 457 Cr.P.C.