JUDGMENT :

1. Heard Sri Shivam Yadav, learned counsel for the revisionist and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing along with Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

2. Present criminal revision has been preferred seeking to set-aside the order dated 7.7.2021, passed by the Chief Judicial Magistrate, Kushinagar at Padrauna, whereby the application filed by revisionist under Section 457 of the Code of Criminal Procedure, 1973, [The Code], for release of truck seized under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, [MMDR Act], has been rejected.

3. Pleadings of the case indicate that the vehicle owned by the revisionist, a truck carrying gitti (a minor mineral), was seized by the Mines Inspector, Kushinagar on 19.4.2021, and a report was forwarded to the District Officer for further proceedings under Rule 74 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, [The Concession Rules]. The revisionist claims to have approached the District Officer and thereafter he filed an application under Section 457 of the Code before the Chief Judicial Magistrate, Kushinagar at