ORDER

1. Heard finally with the consent of the parties.

2. The present petition under section 482 of Code of Criminal Procedure has assailed the order dated 12.7.2021 passed by the II Additional Sessions Judge, Bhind in CRR No.82/2021 affirming the order dated 22.6.2021 passed by the CJM, Bhind in Case No. / 2021, whereby the Tractor bearing No. M.P. 30-AB-3062 along with sand has been confiscated.

3. The brief facts leading to filing of this case are that on 13.1.2021 Town Inspector Udaybhan Singh Yadav on information of Mukhbir reached at old Railway Station, Bhind when he checked a Tractor bearing registration M.P. 30-AB-3062, it was found filled with sand. On the basis of the aforesaid an offence was registered against the petitioner at Crime No.36/2021 by Police Station- City Kotwali District Bhind (M.P.) for the offences punishable under sections 379 and 414 of IPC and section 53 of the Mines and Minerals Act and the aforesaid tractor was seized. In this regard, a case was also registered before the Collector, Bhind (M.P.) who imposed the fine of Rs. 25,000/- which has already been deposited.

4. The petitioner being a registered owner of the said tractor bearing registration No.