DHANRAJ PANNALAL OAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 28.11.2018 passed by Addl. Chief Judicial Magistrate, Keshavrai Patan, be set aside, whereby the said court refused to release the Tractor (Engine No. 3100FLU83I766906F18 and Chasis No. DZSG775056S3) alongwith Trolley to the petitioner. It is further prayed that the order dated 4.2.2019 passed by revisional court whereby the order passed by Magistrate was affirmed be also set aside.

(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 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 petitioner has submitted that Division Bench has held as under:-