Vinit Kumar Mathur - (1.)The petitioner has preferred this criminal misc. petition under Sec. 482 of Cr.P.C. against the Order dtd. 4/7/2019 passed by the learned Additional Sessions Judge No. 4, Jodhpur Metropolitan in Criminal Revision No. 274/2019 (NCV No. 274/2019) upholding the Order dtd. 1/6/2019 passed by learned Metropolitan Magistrate No. 5, Jodhpur Metropolitan in FIR No. 138/2019, Police Station Mandore, District Jodhpur whereby learned trial court directed the petitioner to deposit the compounding fees with the Mining Department for release of vehicle - Truck in question bearing Registration No. RJ-19-GD- 1554 on supurdginama.
(2.)Learned counsel for the petitioner has submitted that in bunch of petitions, lead case being D.B. Cr. Misc. Petition No. 60/2018 (Laxman v. 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.
(3.)Learned counsel for the petitioner has submitted that 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."