VINIT KUMAR MATHUR, J. - (1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking the following relief :- "It is therefore most respectfully and humbly prayed that this misc. Petition may kindly be allowed and orders impugned dated 13-3-2020 and 17-4-2020 passed by the learned courts below may kindly be quashed and set aside and vehicle Dumper RJ-07- GC-4236 may kindly be ordered to be released in favour the petitioner as prayed in the application while directing the respondent No. 2 to hand over physical possession of the vehicle to the petitioner in the interest of justice."
(2.) The learned counsel for the petitioner has submitted that in bunch of petitions, lead case being D.B. Cr. Misc. Petition No. 60/2018, titled as Laxman vs. State of Rajasthan, a Division Bench of this Court on 6.4.2018, has held that if a vehiclehas been seized under the Provisions of Mines and Minerals(Development and Regulation) Act, 1957 (for short 'MMDR Act'), for72 hours competent Officer can retain the vehicle and thereafter,he is mandatorily required to report the matter to his superior officer as also to the Magistrate having jurisdiction. The Division Bench has held as under:- "In view of the above discussion, the referred questions are answered in the terms that once the Officer of the Mining Department, who seized the vehicle, has reported such seizure to his Superior Officer and to the Magistrate having jurisdiction, he shall cease to have the power to release the vehicle, and in that event, the Magistrate having jurisdiction would be empowered to release such vehicle, with or without the condition of deposit of compounding fee."
(3.) The learned counsel for the petitioner has submitted that no confiscation proceedings are pending qua the vehicle inquestion and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs.State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.;