The Magistrate retains authority to grant temporary release of seized vehicles under Cr.P.C. even amidst penalty procedures under state mineral regulations.

1. The applicant has filed the present petition u/S. 482 of the Cr.P.C. against the order dated 20.12.2019 passed by Judicial Chief Judicial Magistrate, (in short ''CJM''), Barwani, rejecting the applications 451 and 457 of Cr.P.C. and also against the order st dated 23.1.2020 passed by 1 Addl. Sessions Judge, Barwani dismissing the criminal revision.

2. Facts of the case, in short, are as under :
(i) The applicant is the owner of Mahindra and Mahindra Tractor bearing Registration No.MP - 46 - A - 3400. As per the prosecution story, Sub Inspector Lakhansingh Baghel received discrete information about the transportation of sand illegally by red colour tractor without a permit. On the basis of such information, he reached Pati Naka, Bomya Road with the police force and found a red colour tractor attached with trolley coming towards check post. After seeing the police force, the driver of the tractor - Mithun S/o. Lalsingh Nigwal ran away from the spot. During checking, black sand was found in the trolley attached to the tractor. The FIR under Crime No. 795/2019 was registered for the so - called commission of offence u/S. 379 of the I.P.C. and u/S. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "the MMDR Act of 1957" for short) for illegally transporting the minor mineral against the driver - Mithun Nigwal. Later on driver was arrested and sent to jail. The police have seized the vehicle involved in illegal transportation of mineral.
(ii) The applicant being the owner of the tractor and trolley applied u/S. 451 and 457 of the Cr.P.C. before the CJM, Barwani for release of the vehicle on ''Supurdiginama''. Vide order dated 20.12.2019 learned CJM has rejected the application for want of jurisdiction because the Superintendent of Police, Barwani has sent the report to the District Magistrate, Barwani for the confiscation of the tractor and the collector is the competent authority to deal with the application.
(iii) Being aggrieved by the aforesaid order passed by the learned CJM, the applicant preferred a criminal revision before the Sessions Judge, Barwani. Vide order dated 23.11.2020, learned Addl. Sessions Judge has dismissed the revision, hence the present petition u/S. 482 of Cr.P.C. before this Court.

3. Shri Nilesh Sharma, learned counsel appearing for the applicant, submits that once an offence u/S. 379 of IPC has been registered and Final Report has been filed before the court of Magistrate by the police therefore, learned CJM is competent court to release the vehicle on ''Supurdiginama''. Learned courts below have wrongly rejected the application as well as the revision.

4. On the other hand, learned Panel Advocate appearing for respondent / State submits that in view of amended R.53 of M.P. Minor Mineral Rules, the applicant is not entitled to the release of the vehicle on ''Supurdiginama'' till the penalty imposed is not paid off As per R.53, the Collector / Additional Collector / Dy. Collector, as the case may be, is the competent authorities to pass an order of discharge of the vehicle found involved in illegal mining or transportation of the mineral. Hence, no interference is called for and this petition u/S. 482 of Cr.P.C. is liable to be dismissed.

5. The police have found the tractor in question involving the transportation of the mineral (black sand) hence registered the criminal case u/S. 379 of IPC and u/S. 21 of the MMDR Act of 1957 against the driver - Mithun Nigwal. The applicant being the owner of the tractor applied for release of the vehicle on ''Supurdiginama'' before the CJM before whom the police have filed th