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2019 Supreme(Raj) 1653

PUSHPENDRA SINGH BHATI
Balveer Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Awar Dan Ujjwal, Advocate, for the Appellant; Mr. Gourav Singh, PP, for the Respondent

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 q

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