DILKHUSH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following relief :-

(2.) The vehicle in-question was seized in connection with F.I.R. No.172/2018 registered at P.S. Pur, District Bhilwara for the offence under Section 379 IPC and Section 4/21 of the MMDR Act.

(3.) 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 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:-