Mohammad Rafiq, J.

This matter has been laid before us upon a reference by a Single Bench of this Court on following question for authoritative pronouncement in view of conflicting judgments rendered by two Single Benches:-

“(I) Whether view expressed by Co-ordinate Bench of this Court in Ramswaroop’s case and Mala Ram’s Case is correct?

(II) Whether the criminal court has jurisdiction to release the vehicles seized under the provisions of Mines and Minerals (Development & Regulation) Act, 1957 and Rajasthan Minor Mineral Concession Rules, 1986? If yes, at what stage & in which circumstances ?”

2. Facts of the first case, namely, D.B. Criminal Miscellaneous Petition No.60/2018, are being taken as the basis for answering the referred questions. A First Information Report No.448/2017 was registered with Police Station Beawar Sadar for offence under Sections 143, 323, 341, 332, 353, 379 and 392 of the Indian Penal Code (for short, ‘the IPC’) and Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 (for short, ‘the MMDR Act’). F.I.R. was registered at the instance of Mahendra Singh, Head Constable, Police Station Beawar Sadar. It was alleged therein that th