JUDGMENT :

(Satyavrat Verma, J.) :

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Department of Mines.

2. The present quashing application has been filed seeking quashing of the order dated 05.07.2023 passed in Durgawati P.S. Case No. 113 of 2023 registered under Sections 56(1) and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021 by the learned Sub-Divisional Judicial Magistrate, Mohaniya (Kaimur) whereby the learned court below has rejected the application filed under Section 451 of the Cr.P.C. seeking release of the truck bearing registration no. UP-53BT-8975.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that what is not in dispute rather stands admitted is that petitioner had a valid challan for mining sand, the challan was issued on 22nd April, 2023 at 05:44:07 p.m. and the same was valid till 23.04.2023 at 05:44:07 a.m. It is next submitted that in pursuance of the challan, the petitioner was permitted to enter Prahbu Ghat at Rohtas for mining sand in terms of the chall