Dharma Ram vs State Of Rajasthan
2022 Latest Caselaw 9655 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 6392/2021

Dharma Ram S/o Shri Jala Ram, Aged About 55 Years, B/c Jat,
R/o Dhane Ki Dhani, Balesar, Tehsil Sinadhari, District Barmer
(Rajasthan)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. M.K. Dudi
For Respondent(s)        :     Mr. Vikram Sharma, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/07/2022
     The petitioner has preferred this misc. petition praying that

the order dated 20.10.2021 passed by learned Collector, Barmer

in connection with FIR No.127/2021 under Section 3/7 of Essential

Commodities Act, 1955, be set aside, whereby the learned

Collector refused to release Tractor bearing registration No.

RJ-21-RB-1588 to the petitioner.

     Counsel for the petitioner has relied upon the judgment

rendered by the Hon'ble Apex Court in Sunderbhai Ambalal

Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend

that the Supreme court has held that the vehicle should not be

permitted to remain parked in police station as same shall gather

rust and shall not remain useful.

     Learned Public Prosecutor opposed the prayer and submits

that if at all the vehicle is to be released, then it should be subject


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                                   to the final outcome of this petition or certain bank guarantee may

                                   be directed to be submitted by the petitioner so that in case, any

                                   penalty has to be implemented at the end of the proceedings, the

                                   same can be discharged out of the bank guarantee.

                                         Relying upon the judgment of Supreme Court in the case of

                                   Sunderbhai Ambalal Desai (supra), the misc. petition is allowed

                                   and Collector, Barmer is directed to release Tractor bearing

                                   registration No.RJ-21-RB-1588 in favour of petitioner on usual

                                   terms    &      conditions,    which       the      learned        Authority   deems

                                   appropriate.

                                         Needless to say, upon verification that petitioner is the

                                   registered owner of the vehicle in-question, the tractor be

                                   released.


                                                                   (DR.PUSHPENDRA SINGH BHATI), J.

100-Sanjay/-

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