Mursalin S/O Aajam vs State Of Rajasthan
2022 Latest Caselaw 5263 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4986/2022

Mursalin S/o Aajam, R/o Shesan Tehsil Pahari District, Through
Its General Power Of Attorney, Rasid S/o Israil R/o 48, Bhonda
Tehsil Firozpur Zhirka District Nuh Mewat Haryana.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Liyakat Khan For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

28/07/2022

Heard learned counsel for the parties.

This petition is for setting aside the order dated 18.05.2022

passed by Divisional Commissioner in appeal No. 209/2022

whereby the vehicle (Pick-up) of the petitioner bearing registration

No. RJ-05-GB-8249, was refused to be handed over to the

petitioner.

The said vehicle was seized in FIR No. 395/2021 registered

for offences under Section 3, 5 & 8 of Rajasthan Bovine Act, 1995.

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.

(2 of 2) [CRLMP-4986/2022]

Since no further purpose is going to be 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.

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.

4,00,000/- along with two sureties of Rs. 2,00,000/- each to the

satisfaction of the court below.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ashu /99

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