Hon’ble S.C. Agarwal, J.—Heard learned counsel for the petitioner and learned AGA for the State. This petition has been filed with a prayer to quash the order dated 15.2.2010 passed by the Judicial Magistrate, Court No. 3, Allahabad in Criminal Misc. Application No. 68/XII/2010, State v. Anand Kumar, P.S.Koraon, District-Allahabad, whereby the application of the petitioner Sudha Kesarwani for release of Truck No. U.P. 70G-9495 was rejected on the ground that the Magistrate had no jurisdiction to release the vehicle. The aforesaid truck was seized by Tehsildar, Koraon on 24.1.2010 transporting the minerals in violation of the provisions of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the ‘Act’) and the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the ‘Rules’) The aforesaid truck was seized by the Tehsildar and was handed the police for safe keeping and application for release of the aforesaid vehicle was moved by the petitioner before the Magistrate. The Magistrate called for reports from the police and the District Magistrate.

2. As per the report of the police, vehicle was detained under Section 207 of th