Lokesh Regar vs State Of Rajasthan
2022 Latest Caselaw 1719 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 49/2020

Lokesh Regar S/o Shri Toli Ram Regar, Aged About 30 Years, By Caste Regar, R/o Kota Road, Mandalgarh, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Vishnu Dutt Sharma, The Then/presently Posted As Sub Inspector, Pratap Nagar Police Station, District Bhilwara, At Present Posted At Fst-I, Bhilwara, District Bhilwara.

----Respondents

For Petitioner(s) : Mr. B.Ray Bishnoi (through VC) For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE V IJAY BISHNOI

Judgment / Order

03/02/2022

Learned counsel for the petitioner has submitted that as per

the prosecution story, some illegal liquor was seized by the Excise

Department when the same was being transported in a Jeep

bearing registration No.RJ-06-UB-2571. The said vehicle was

driven by one Khadag Singh, who was arrested and an FIR

No.47/2018-19 of Police Station Bhilwara Excise Circle, District

Bhilwara punishable under Section 19/54 of Rajasthan Excise Act

was lodged against him.

Learned counsel for the petitioner has further submitted that

later on, the Excise Department has released the vehicle in

question on supurdaginama to the said Khadag Singh while relying

on the agreement to sale produced by him. The said agreement to

sale was executed by the petitioner in favour of Khadag Singh.

(2 of 2) [CRLMP-49/2020]

Learned counsel for the petitioner has also submitted that once

the Excise Department has deemed Khadag Singh as owner of the

vehicle and released the vehicle on supurdaginama to him, now

the action of the respondents of implicating the petitioner for the

offence under Section 54-A of the Rajasthan Excise Act is illegal.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of all the

respondents. He prays for some time to file reply to the criminal

misc. petition. Time prayed for is granted.

List the matter after three weeks.

In the meantime, no coercive action shall be taken against

the petitioner in connection with FIR No.47/2018/19 of Bhilwara

Excise Circle Police Station, Distt. Bhilwara till the next date.

(VIJAY BISHNOI),J 8-mohit/-

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