JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State. 2. This petition has been filed for release the Tractor bearing Registration No. JH-09AJ-3415 along with Trolley bearing Registration No. JH-09K-5088 and for quashing the order dated 02.08.2021 passed in Cr. Revision No. 35 of 2021 by the learned Sessions Judge, Bokaro. The further prayer is made for quashing the order dated 16.03.2021 passed in Misc. Cr. Application No. 630 of 2021 passed by the learned Judicial Magistrate, 1st Class, Bokaro in connection with G.R. Case No. 285 of 2021, arising out of Chas P.S. Case No. 141 of 2020, pending in the court of the learned Judicial Magistrate, 1st Class cum Additional Civil Judge (Jr. Div.) Bokaro. 3. The FIR was instituted on 27.06.2020 against the owner cum driver of Tractor bearing Registration No. JH-09AJ-3415 along with Trolley bearing Registration No. JH-09K-5088 namely Ravindra Kumar Rai on the basis of Letter No. 1657/Mining dated 27.06.2020 issued by the Mining Officer, Bokaro alleging therein that on 25.06.2020 at about 10:00 AM one Tractor bearing Registration No. JH-09AJ-3415 along with its Trolley bearing Registration No. JH-09K-5088 was seized while the said Tractor was carrying 100 cft. sand without any legal Mining Transport Challan and thereafter the said tractor was seized and seizure list was prepared. 4. Mr. Sanjay Kumar, learned counsel for the petitioner submits that the petitioner is the rightful owner of the said tractor and she did authorise the said tractor to her husband namely Ravindra Kumar Rai to operate the said tractor. He further submits that there is no dispute with regard to ownership of the said tractor. The Tax Invoice, Policy Certificate and Fitness Certificate are annexed with the petition. He also submits that for release of the said tractor, a petition was filed before the learned trial court, which was rejected vide order dated 16.03.2021 and that was challenged before the revisional court in Cr. Rev. No. 35 of 2021, which was also dismissed vide order dated 02.08.2021. He further submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 by virtue of Rule-13 thereof, the order may kindly be passed. Rev. No. 35 of 2021, which was also dismissed vide order dated 02.08.2021. He further submits that in view of the amendment in Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the same was incorporated in Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 by virtue of Rule-13 thereof, the order may kindly be passed. He further submits that the petitioner is not claiming minerals. 5. Mr. Prabir Kumar Chatterjee, learned counsel for the State submits that in the light of Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004, the petitioner is required to pay the double amount of the minerals and the arrangement has been granted in the said Rule. He further submits that for release of the minerals and the vehicle, the petitioner is required to follow the procedure as an interim measure. 6. Admittedly, the vehicle of the petitioner was seized on 25.06.2020 and the petitioner filed an application for release of the vehicle before the learned trial court which was rejected vide order dated 16.03.2021, however the said rejection was on the assumption that the confiscation proceeding is going on and that’s why the release of the vehicle was rejected by the concerned Court. 7. There is no bar in the Mines and Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles and the minerals in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act. 8. 7. There is no bar in the Mines and Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Mineral Concession Rules, 2004 for releasing the vehicles and the minerals in the Statute, however, in the other Statute i.e. the Indian Forest Act, there is direct bar under Section 52(c) of the said Act. 8. Rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 is amended by Jharkhand Minor Mineral Concession Amendment Rules, 2017, which reads as under: ^^;fn fdlh okgu dk dksbZ pkyd y?kq [kfut dks ifjogu djrs le; l{ke inkf/kdkjh vFkok funs'kd] [kku vFkok vij funs'kd] [kku vFkok mi&funs'kd] [kku vFkok ftyk@lgk;d [kuu inkf/kdkjh vFkok lekgrkZ vFkok lekgrkZ ;k jkT; ljdkj }kjk Ákf/kd`r fdlh inkf/kdkjh dks Ái= ^,e* vFkok >kj[k.M [kfut leuqnku fu;ekoyh] 2004 ds vUrxZr QkeZ Mh esa ifjogu pkyku fn[kkus esa vlQy jgrk gS vFkok fujh{k.k ls bUdkj djrk gS] rks mls vf/kdre 01 o"kZ dh dSn vFkok [kfut ewY; dh nksxquh jkf'k ds cjkcj n.M vFkok nksuksa ,d lkFk n.M fn;k tk ldrk gS rFkk nwljh ,oa rhljh ckj oS/k ifjogu pkyku ÁLrqr ugha fd, tkus ij mijksDr ds vfrfjDr n.M dh jkf'k Øe'k% 50]000-00 ¼ipkl gtkj :i;s ,oa 1]00]000@ ¼,d yk[k½ :i;s gksxhA tkap djus okys inkf/kdkjh }kjk voS/k ifjogu djrs ik;s tkus ij okgu dks [kfut lfgr tIr fd;k tk,xk rFkk ftls fdlh ljdkjh Áfr"Bku esa vFkok LFkkuh; Fkkuk Ákax.k esa lqjf{kr j[kk tk,xkA l{ke inkf/kdkjh }kjk voS/k ifjogudrkZ ds mijksDr n.M 'kqYd ,oa bl vk'k; dk ca/ki= ¼cksUM isij½ lefiZr fd, tkus ij fd U;k;ky; }kjk uksfVl fn, tkus ij mifLFkr gksaxs] okgu dks [kfut lfgr NksM+k tk ldrk gS] ijUrq voS/k ifjogudrkZ ij fu;ekuqdwy dkjZokbZ gsrq bldh lwpuk U;k;kf;d n.Mkf/kdkjh dks nh tk,xhA ca/ki= dk Ái= funs'kd] [kku }kjk vyx ls ifjpkfyr fd;k tk,xkA** 9. In view of the above facts, the order dated 02.08.2021 passed in Cr. Revision No. 35 of 2021 by the learned Sessions Judge, Bokaro and the order dated 16.03.2021 passed in Misc. Cr. Application No. 630 of 2021 passed by the learned Judicial Magistrate, 1st Class, Bokaro in connection with G.R. Case No. 285 of 2021, arising out of Chas P.S. Case No. 141 of 2020, pending in the court of the learned Judicial Magistrate, 1st Class cum Additional Civil Judge (Jr. Div.) Bokaro are, hereby, quashed. 10. Cr. Application No. 630 of 2021 passed by the learned Judicial Magistrate, 1st Class, Bokaro in connection with G.R. Case No. 285 of 2021, arising out of Chas P.S. Case No. 141 of 2020, pending in the court of the learned Judicial Magistrate, 1st Class cum Additional Civil Judge (Jr. Div.) Bokaro are, hereby, quashed. 10. So far as the release of the vehicle is concerned, the same shall be released in favour of the petitioner on her undertaking on the following terms and conditions: (i) The petitioner shall furnish an indemnity bond to the satisfaction of the court below. (ii) One of the surety must be a resident and owner of a commercial vehicle of District Bokaro (Jharkhand). (iii) That the petitioner shall not sale, mortgage or transfer the ownership of the vehicle on hire purchase agreement or mortgage or in any manner. (iv) She shall not change or tamper with the identification of the vehicle in any manner. (v) She shall produce the vehicle as and when directed by the Trial Court or before the confiscating authority. 11. The aforesaid conditions are the subject to the final result of the confiscation proceeding and the criminal proceedings. 12. With the aforesaid observations and directions, this petition is allowed and disposed of.