Deen Mohammad @ Deenu Son Of Ismail vs State Of Rajasthan
2022 Latest Caselaw 4893 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3152/2022

Deen Mohammad @ Deenu Son Of Ismail, Resident Of Tusaini
(Chandan Ki ), Tehsil And Police Station Punhana, District Nuh
Mewat (Hariyana).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through The Learned Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Ankit Khandelwal Adv. For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

18/07/2022

Heard learned counsel for the parties.

This petition is for setting aside the order dated 08/03/2022

passed by District Collector, Bharatpur in application No. 61/2022

whereby the vehicle of the petitioner bearing registration No. RJ-

10-GB-1164, was refused to be handed over to the petitioner.

The said vehicle was seized in FIR No. 381/2021 registered

for offences under Section 5 & 8 of Rajasthan Bovine Act, 1955.

The impugned order reveals that the refusal is on the ground that

the bovine loaded on the vehicle were treated with cruelty and

were being carried without any permit or permission from the

competent authority.

Since no further purpose is going to served by continued

detention of the said vehicle by the police it would rather cause

damage to the said vehicle, if it is not released.

(2 of 2) [CRLMP-3152/2022]

Hence, impugned order is hereby set aside considering the

judgment of the Hon'ble Supreme Court in case of Sunder Bhai

Amba Lal Dassai vs. State of Gujarat reported in (2002) 10

SCC 283 and it is directed that the vehicle be released in favour

of the petitioner on furnishing of a personal bond of Rs.

2,00,000/- along with two sureties of Rs. 1,00,000/- each to the

satisfaction of the court below.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ANIL SHARMA /29

Powered by TCPDF (www.tcpdf.org)