BACHAN SINGH AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C., praying that the order dt. 30/5/2018 passed by the Court of Link Officer i.e. Chief Judicial Magistrate, Karauli District Karauli, be set aside, whereby the said Court refused to release Tractor bearing registration No.RJ-34-RB-0725, along with the trolley bearing No.RJ-34-EV-0227 to the petitioners.

(2.) The learned counsel for the petitioners has submitted that in bunch of petitions, lead case being D.B. Cri Miscellaneous Petition No.60/2018, titled as Laxman vs. 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.

(3.) The learned counsel for the petitioners has submitted that Division Bench has held as under:- "In view of the above discussion, the referred questions are answered in the terms that once the Officer of the Mining Department, who seized the vehicle, has reported such seizure to his Superior Officer and to the Magistrate having jurisdiction, he shall cease to have the power to release the vehicle, and in that event, the Magistrate having jurisdiction would be empowered to release such vehicle, with or without the condition of deposit of compounding fee."