DEEPAK MAHESHWARI,J. - (1.) This Criminal Misc. Petition has been preferred by the accused/petitioner Rakesh to quash and set aside the order dated 22.10.2016 whereby, learned lower Revisional Court has rejected the revision petition preferred against the order dated 24.09.2016 passed by learned Additional Civil Judge-cum-Judicial Magistrate (First Class) No. 6, Ajmer rejecting the application for supuardgi of Mini Truck bearing registration No. RJ-01-GA-8324.
(2.) Learned counsel for the petitioner submits that as per the FIR lodged by Mining Engineer (Vigilance), Ajmer, some vehicles, including the Mini Truck of the petitioner were seized near Nareli Pahadi on 12.09.2016 allegedly involved in illegal mining of stone. He further submits that despite all these factual aspects, even if it is presumed that the Mini Truck is being found involved in the offence punishable under Section (21) 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, "MMDR Act") then also, under Sub-section (4A) of Section 21, the vehicle was liable to be disposed of by the court competent to take cognizance of the offence under Sub-section (1) of Section 21. Learned Court below has not properly exercised its jurisdiction given to it under the said provisions.
(3.) Learned counsel for the petitioner has relied upon the judgment passed in S.B. Criminal Misc. Petition No. 4389/2016 titled as "Shakir Hussain v. State of Rajasthan" by the coordinate Bench of this Court on 26th September, 2016 whereby, the vehicle found involved for the offence under Section 21 (4) of the MMRD Act was allowed to be released on Supurdgi. He has further referred to the following judgments in support of his contentions:- (I). Arshad S/o Shri Dullu v. State of Rajasthan, S.B. Criminal Misc. Petition No. 840/2017, decided on 22nd February, 2017 . (II). Awadhesh Tripathi v. State of U.P., Criminal Revision No. 1265/2015, decided on 17th April, 2015 . (III). Biva Jha v. State of Jharkhand, Criminal Revision No. 844/2015, decided on 4th/25th August, 2015 .;