Hon'ble Amar Singh Chauhan, J.

The revisionist Mohammad Raza has preferred this criminal revision against the order dated 08.11.2016 passed by the Additional Chief Judicial Magistrate-II, Banda in Criminal Case No. 1291/IX/2016 (Shailendra Kumar vs. Mohd. Raza) under section 4/21 Mines and Mineral (Regulation & Development) Act, 1957 (Act No. 67 of 1957), Police Station Badausa, District Banda whereby the application of the revisionist for release of Truck No. U.P. 90 T 4919 was rejected.

The facts which are requisite to be stated for adjudication of this revision are that on 17.10.2016, a report has been received from the S.O. Badausa, District Banda that Truck No. U.P. 90 T 4919 was seized under section 207 of Motor Vehicles Act which was said to be used in transporting the illegal sand. The release application was moved by the truck owner/revisionist on the ground that applicant's truck was carrying sand under valid "Abhivahan Pas" by the lease permit holder Manoj Babu Mishra, which was seized by S.O. Badausa, District Banda and kept the truck at the police station. On 24.10.2016, the complaint was filed by Shailendra Singh, Mines Officer, Banda under section 4/21 of