JUDGMENT : 1. Mr. P. Mahesha, learned Counsel for the petitioner in both the petitions. Mr. Vijay Kumar Majage, learned Additional SPP for the respondent. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally. 2. In these petitions under Section 482 of the Code of Criminal Procedure, the petitioners inter alia seek quashment of proceedings registered in PCR No.19/2018 pending before the learned Additional Civil Judge and Judicial Magistrate First Class, S.R.Patna. The petitioners also seek quashment of order dated 22.11.2018 passed by the Judicial Magistrate First Class, S.R.Patna as well as order dated 31.12.2018 passed by the Revisional Court and seek a direction to the respondent to release the vehicles bearing registration Nos.KA-02-D-9428 and KA-09/C-4114. 3. The facts giving rise to filing of these petitions briefly stated are that, on 22.10.2018, the vehicles belonging to the petitioners were seized on the ground that the same were being driven without permit and dust was being transported in those vehicles. The Judicial Magistrate First Class passed an order dated 22.11.2018 directing release of the vehicles by imposing conditions mentioned in the order. Being aggrieved, the petitioners preferred revisions. The Revisional Court, by an order dated 31.12.2018 affirmed the order passed by the Judicial Magistrate First Class. In the aforesaid factual back ground, the petitioners have approached this Court. 4. Learned counsel for the petitioners submits that the impugned orders are per se without jurisdiction as the dust is not a minor mineral either under the Mines and Minerals (Development and Regulation) Act, 1957 or under the Karnataka Minor Mineral Concession Rules, 1994. On the other hand learned Additional SPP has supported the orders passed by the Magistrate as well as the Revisional Court. 5. I have considered the submissions made by the learned counsel for the parties and has perused the records. 6. Rule 43(1) of the Karnataka Minor Mineral Concession Rule, 1994 provides that the State Government may, by notification, direct the establishment of Check-post or erection of barriers or both at such place or places as it thinks fit with a view to prevent or check unauthorized transportation of minor minerals and evasion of royalty or commission of any other commission of offence in respect of minor minerals. 7.
7. Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 defines the expression "minor minerals", which reads as under: Section 3(e):- "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be minor mineral". 8. It is not in dispute that the dust has not been notified to be a minor mineral by the Central Government. From close scrutiny of Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 it is evident that the dust is not covered under the definition of minor minerals. Therefore, imposition of condition as laid down in Karnataka Minor Minerals Concession Rules 1994 for release of the vehicles of the petitioners are per se without jurisdiction. The impugned orders dated 22.11.2018 and 31.12.2018 therefore cannot be sustained in the eye of law. The impugned orders are therefore quashed and the respondent is directed to release the vehicles of the petitioners forthwith. Accordingly, the petitions are allowed.