The Magistrate has the jurisdiction to release a vehicle seized by the Mining Department, with or without the condition of deposit of compounding fee, once the Officer of the Mining Department has reported the seizure to his Superior Officer and to the Magistrate having jurisdiction.

JUDGMENT

Pushpendra Singh Bhati, J. - The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 seeking the following relief :-

"It is, therefore, most humbly and respectfully prayed that this criminal misc. petition under section 482 Cr.P.C., 1973 may kindly be accepted and allowed and :-

2. As per the pleaded case of the petitioner, the vehicle in question i.e. Dumper bearing RJ22 GA 8641 was seized by the Mining Department regarding allegation of carrying Bajari in the Dumper while issuing Fard Jabti dated 27.04.2019.

3.1 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 & 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. The 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."

3.2 The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

3.3. Learned counsel for the petitioner has also relied upon the judgment of this Court in S.B. Crl. Misc. Petition No.2958/2018 (Lekhraj vs. State of Rajasthan) decided on 20.11.2018, wherein this Court passed the following order:-

"The petitioner has preferred this petition making a prayer as under:-

"It is therefore, most respectfully prayed that this misc. petition may kindly be allowed, impugned order dated 30.8.2018 passed by the learned Judicial magistrate, First Class, Pachpadara, District Barmer to the extent of imposing impugned conditions of depositing the compounding fee in cash or in the alternative, of furnishing bank guarantee of Rs. 42 lacs may kindly be quashed and set aside and the vehicle JCB No. RJ 39-EA 0492 may kindly be ordered to be released on 'supardginama' in favour of the humble petitioner"

The vehicle of the petitioner has been ordered to be released vide impugned order dated 30.8.2018. Counsel for the petitioner has relied upon the Division Bench judgment of Laxman Mehrat vs. State of Rajasathan thro P.P.. The relevant paras are as under:-

20. The legislative policy, as seen from the aforesaid provisions is that if the vehicle without any lawful authority is found to be carrying any mineral, the same shall not only be liable to be seized but also confiscated. While the power of seizure has been conferred on an officer and authority specially empowered in this behalf, the power to make confiscation has been vested in the court competent to take cognizance of the offence under subsection (1) of Section 21. Section 15 of the MMDR Act refers to the power of the State Government to make Rules, for regulating the grant of quarry. It is in exercise of this power that the State Government promulgated the RMMC Rules of 1986. Chapter-VI of the RMMC Rules, 1986 (amended up to May 16, 2016) deals with offences, penalties and prosecutions. The first proviso to sub-rule (5) of