HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4109 of 2025 Court No. - 86 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record. 2. The present revision has been preferred by the revisionist against the order dated 07.07.2025 passed by the learned Chief Judicial Magistrate, Mirzapur in Misc. Application No. 863 of 2025 (State Vs. Amit Kumar), under the Mines and Minerals (Development and Regulation) Act, 1957, Police Station Chunar, District Mirzapur whereby the application for release of vehicle No. BR01 GN 2593 moved by the revisionist being registered owner was rejected on the ground that the said vehicle was used in the commission of alleged crime. 3. Learned counsel for the revisionist submitted that the revisionist is the registered owner of the aforesaid vehicle and papers relating to the said vehicle were update and valid but the Mining Department has detained the said vehicle in the police station. However, no case has been registered in connection with the said vehicle of the revisionist nor any complaint has been Versus Counsel for Revisionist(s) : Krishna Kant Shukla Counsel for Opposite Party(s) : G.A. Amit Kumar .....Revisionist(s) State Of U.P. Through District Magistrate And 2 Others .....Opposite Party(s) preferred before the Court. It is further submitted that the said vehicle is not involved in any case property and it has been alleged that the soil was being illegally transported by the said vehicle causing revenue loss to the Government. It is next submitted that the learned Chief Judicial Magistrate, Mirzapur has called for a report regarding confiscation proceeding but the report sent at the end of District Magistrate no confiscation proceeding is going on for the said vehicle before the District Magistrate. Although it is alleged that the said vehicle was involved in illegal transportation of mineral (soil) but however, since no challan of the said vehicle has been made so far which is detained in police station lying unnecessarily and long detention of the said vehicle at the police station is likely to diminish and ultimately the said vehicle may become junk. 4. Placing reliance on the decision of the Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Hon'ble Apex Court has held that "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that revisionist is willing to fulfill all conditions imposed upon him for release of the vehicle in question. 5. On the other hand, leaned A.G.A. submitted that since vehicle in question was involved in transportation of soil, the Court concerned while CRLR No. 4109 of 2025 2 rejecting the release application has not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 7. From a perusal of the record it reveals that the revisionist is the registered owner of the vehicle in question. The concerned Court was not justified in rejecting the application for release of the vehicle in question in favour of its registered owner. By passage of time, the vehicle is likely to become junk and its purpose would frustrate. In these circumstances, the criminal revision is liable to be allowed and the impugned order is liable to be set-aside. 8. Accordingly, the Criminal Revision is allowed and the impugned order dated 07.07.2025 passed by the learned Chief Judicial Magistrate, Mirzapur in Misc. Application No. 863 of 2025 (State Vs. Amit Kumar), under the Mines and Minerals (Development and Regulation) Act, 1957, Police Station Chunar, District Mirzapur is set-aside. The concerned Court is directed to release the aforesaid vehicle in favour of its registered owner on furnishing adequate security to his/her satisfaction by imposing conditions upon the revisionist. It is clarified that before releasing the said vehicle, the concerned authority shall ensure that if any government dues is pending upon the said vehicle, the vehicle be released only after depositing the same. September 24, 2025 Rmk. CRLR No. 4109 of 2025 3 (Nalin Kumar Srivastava,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad