JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Ajeet Kumar Mishra holding brief of Sri Alok Kr. Misra, learned counsel appearing for the applicant and Ms Charu Singh, learned Additional Government Advocate and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C. the applicant has assailed validity of the order dated 20.07.2022 passed by Judicial Magistrate-I, Gonda whereby an application for release of a vehicle has been rejected by the trial court on the ground that as per the provisions contained in Section 72(6) of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021 (hereinafter referred to ‘the Rules 2021’) the District Magistrate is authorized to pass an order for release of vehicle.

The applicant had filed Criminal revision No. 273 of 2022 challenging the aforesaid order dated 20.07.2022 and the revision has been dismissed by means of the judgment and order dated 19.06.2022 passed by the Additional Sessions Judge, Gonda and the applicant has challenged the validity of that order also.

3. Briefly stated facts of the case are that the applicant owns a JCB brand excavation machinery, which was seized on 06.07.2022 on the allegation that it w