SHIVRAJ MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the oral prayer made, application (11769/2018) for early listing is allowed. With the consent of the parties, SBCRLMP No. 2909/2018 is taken on Board.

(2.) The present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 14.5.2018 passed by Judicial Magistrate, Sapotra, District Karauli be set aside, whereby the said court refused to release Dumper bearing Registration No. RJ- 41/GA-2838 to the petitioner.

(3.) The learned counsel for the petitioner has submitted that in bunch of petitions, lead case being D.B. Cr. Misc. Petition No. 60/2018, titled as Laxman v. State of Rajasthan, a Division Bench of this Court on 6.4.2018 , has held that if a vehicle has been seized under the Provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act'), for 72 hours competent Officer can retain the vehicle and thereafter, he is mandatorily required to report the matter to his superior officer as also to the Magistrate having jurisdiction.