Ramprakash vs State Of Rajasthan
2021 Latest Caselaw 18930 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15948/2021

Ramprakash S/o Shri Dana Ra, Aged About 56 Years, B/c Jat, R/o Unchala Bas, Ward No. 11, Ratau, Tehsil Ladnun Police Station Ladnun District Nagaur.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. RS Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/12/2021

Learned counsel for the petitioner has submitted that the bar

contained under sub section 2 of Section 49 of Rajasthan Excise

Act is not applicable in the present case as the quantity of liquor

recovered in the matter is less than 50 liters, therefore, the case

of the petitioner does not fall under proviso to Section 54 of the

Rajasthan Excise Act, 1950. It is further submitted that the

petitioner has already partitioned his land in between him and his

sons and therefore, the offence punishable under Section 54 D of

the Rajasthan Excise Act is also not made out against him.

Learned counsel for the petitioner has also submitted that the

petitioner has already joined the investigation and informed the

police that he has already partitioned the land in between him and

his sons.

After going through the case diary, this Court finds that

factum regarding partition of the land is not available on record, I

(2 of 2) [CRLMB-15948/2021]

deem it appropriate to direct the petitioner to appear before the

Investigating Officer on or before 30.12.2021 to place on record

the proof regarding the fact that he has already partitioned his

land and the place where the liquor was recovered is in the name

of his son.

The Investigating Officer shall consider the said fact and

record its conclusions and, thereafter, shall submit the factual

report along with the case diary before this Court on the next date

of hearing.

List on 10.01.2022 along with the case diary.

(VIJAY BISHNOI),J

Surabhii/111-

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