PUSHPENDRA SINGH BHATI,J - (1.) Members of the Bar are abstaining from work today.
(2.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following relief :- "1. The impugned orders dated 19.01.2019 and 01.12.2018 be set aside. 2. The application of petitioner U/r 54 (MMCR 1986) R/w Section 457 Cr.P.c. be allowed. 3. Any other relief for which the petitioner is entitle be given"
(3.) 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 vehicle has been seized under the Provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act'), for 72 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." ;