Amar Singh Chauhan, J. - (1.) 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 v. 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.
(2.) 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.
(3.) Feeling aggrieved from the aforesaid order, the applicant-revisionist came up before this Court in revision.;