VALARAM Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Cr.P.C. against the order dtd. 18/4/2019 passed by the learned Additional Sessions Judge, Salumber, District Udaipur in Criminal Revision No. 20/2019 upholding the order dtd. 3/4/2019 passed by learned Additional Chief Judicial Magistrate Salumber, District Udaipur in FIR No. 25/2019, Police Station Gingla, District Udaipur whereby learned trial court directed the petitioner to furnish a bank guarantee of Rs.1,26,400.00 for release of vehicle i.e. tractor along with trolley bearing registration No. RJ-27-RB-4373 on supurdginama.

(2.) 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.

(3.) The learned counsel for the petitioner has submitted that Division Bench has held as under:-