Anita Chaudhary, J. - (1.) THE petitioner is aggrieved of the order dated 17.10.2013 passed by the Sub Divisional Judicial Magistrate, Batala vide which his application for releasing the tractor bearing No. PB57B -9212 on superdari, has been dismissed.
(2.) THE tractor in question has been seized by the police in case FIR No. 55 dated 03.06.2013, registered under Sections 379 IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957,(for brevity, "1957 Act") Police Station Ghoman, as it was allegedly used in stealing sand from the river by the petitioner. In the impugned order, it has been mentioned that the local police was having no objection in releasing the tractor in favour of the petitioner. However, the Court below, while relying upon certain directions issued by this Court on 14.12.2012, in CWP No. 18377 of 2012, dismissed the application by observing that the vehicle seized by the police while illegally transporting the sand is liable to be confiscation as per Sections 4 and 4 -A of 1957 Act.
(3.) LEARNED counsel for the petitioner has contended that the trial is going on and it will take long time to conclude and it would not be in the fitness of things to keep the tractor unattended in the police station and it would become a junk. Reliance has been placed on Sunderbhai Ambalal Desai Vs. State of Gujarat,, 2003(1) RCR(Crl.) 380.;