Tejas Harish Maheshwari vs State Of Rajasthan
2021 Latest Caselaw 11197 Raj

(1 of 2) [CRLMP-3532/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3532/2021

Tejas Harish Maheshwari S/o Sh. Harish Maheshwari, Aged About 31 Years, Tcx North 59 Gandhidham, Kachchh, Gujarat.

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

----Respondent

For Petitioner(s) : Mr.Rakesh Arora a/w Mr.Hardik Gautam.

For Respondent(s) : Mr.Farzand Ali, AAG a/w Mr.Gaurav Singh, PP.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

20/07/2021

In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

The petitioner has preferred this misc. petition praying that

the orders dated 6.7.2021 and 9.7.2021 may kindly be quashed

and set aside and the application filed under Sections 451 and 457

Cr.P.C. may kindly be allowed.

Learned counsel for the petitioner has drawn attention of this

Court to the definition of excisable articles under Section 3(4) of

Rajasthan Excise Act. He has also shown that the ethanol in

question was ordered by the Indian Oil Corporation as per the

document in question.

Learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

(2 of 2) [CRLMP-3532/2021]

SCC 283, to contend that the Supreme court has held that the

vehicle should not be permitted to remain parked in the police

station as same shall gather rust and shall not remain useful.

Learned AAG is not in a position to refute the above position.

Relying upon the judgment of the Supreme Court in the case

of Sunderbhai Ambalal Desai (supra), the present petition is

allowed and the trial court is directed to release the Tanker

bearing registration No.GJ/12BX/9063 along with the goods lying

in it on supardaginama in favour of petitioner on usual conditions,

which the trial court deems fit, provided he furnishes a bank

guarantee of Rs.7,00,000/- with the trial court. The disposal of the

bank guarantee shall be in accordance with the final directions to

be passed by the learned trial court after conclusion of the trial.

Needless to say, trial court shall make verification that the

petitioner is a registered owner of the vehicle.

All pending applications also stand disposed of.

(DR. PUSHPENDRA SINGH BHATI),J

126-SPhophaliya/Jitender/-

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