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 the Act No. 67 of 1957. The release application was rejected by ACJM-II Banda vide order dated 08.11.2016 on the ground that the vehicle was used in transporting the mineral sand which lead to losses of natural resources of the State and confiscation proceeding would be initiated at the instance of the concerned department.

Feeling aggrieved from the aforesaid order, the applicant-revisionist came up before this Court in revision.

Heard Sri W.H. Khan, senior counsel, assisted by Sri J.H. Khan, learned counsel for the revisionist and learned AGA for the State.

Learned counsel for the revisionist submitted that no search or seizure memo was prepared according to the provisions of the Act or Cr..P.C. or U.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002. Therefore, entire prosecution is illegal. There was no transportation of illegal sand. The truck driver possess of "Abhivahan Pas" but "Abhivahan Pas" was not considered at the time of checking. The S.O. Badausa was not authorized by the Central Government or the State Government for seizure of the truck in sand. The judgment of Writ C No. 11489 of 2015 (Rajendra Singh vs. State of U.P. and others) is not applicable. It is further submitted that the detention of the truck at police station was causing serious damage to the truck. The truck would be released after giving bonds by the revisionist but to produce the same as and when required by the Court. No proceeding for confiscation of truck has yet been initiated and detention of the truck at same places is illegal. The applicant is the owner of the truck and has valid registration permit and insurance.

Per contra, learned AGA contends that the truck was used for illegal transporting of sand which may cause losses to the natural resources such as sand, gravel and other minerals from the river. Natural resources are the public property and national assets. It is also submitted that no useful purpose will be served to keep this revision pending.

In this revision, the main point of determination is whether the seized vehicle can be released in favour of the revisionist during confiscation proceeding on his furnishing adequate sureties and who is authorized to dispose of the application for release of the vehicle in the Mines and Mineral (Regulation & Development) Act, 1957.

The Division Bench of this Court in case of Rajendra Singh vs. State of U.P and others, AIR 2015 Allahabad 93 held as under:

"The procedure contemplated in respect of minerals, tool, vehicles involved in an offence under Section 21 (4) and Section 21 (4A) is :-

(a) The mineral, tool, vehicle etc. have to be seized by the officer/authority empowered for the purpose;

(b) The mineral, tool, vehicle etc. have to be confiscated under an order of the Court,