Mustaq Son Of Iliyas vs State Of Rajasthan
2022 Latest Caselaw 5799 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6296/2021

Mustaq Son Of Iliyas, Resident Of House No. 94/13 Chahalka,
Police Station Taavdu, District Nooh, Mewat, Haryana.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                  ----Respondent

For Petitioner(s) : Mr. Amitabh Jatav, Adv. For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

24/08/2022

The vehicle of the petitioner, a Dumper bearing registration

No. HR-55-G-5619 was seized by police in connection with FIR No.

234/2013 registered with Police Station Chopanki for offences

under Section 41, 42 of Forest Act and Section 279, 336, 379 &

120B IPC.

Vide impugned order dated 06/09/2021, the learned court

below refused the prayer for interim custody of the vehicle u/s

457 Cr.P.C.

Learned counsel for the petitioner submits that the vehicle

was seized on 16/09/2013, till date no confiscation proceeding has

been initiated. No purpose would be served by continued

detention of the said vehicle, rather it would cause damage to the

said vehicle in police lock-up, if it is not released.

Finding substance in the submission above, impugned order

is hereby set aside considering the judgment of the Hon'ble

(2 of 2) [CRLMP-6296/2021]

Supreme Court in case of Sunder Bhai Amba Lal Dassai vs.

State of Gujarat reported in (2002) 10 SCC 283. It is directed

that the vehicle be released in favour of the petitioner on

production of bank guarantee of Rs. 2,00,000/- along with two

sureties of like amount each to the satisfaction of the court below.

The petitioner would transfer the vehicle only after permission of

the court concerned.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ANIL SHARMA /62

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