Ramji Lal Bairwa S/O Sh. Chotu ... vs State Of Rajasthan
2022 Latest Caselaw 3597 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2607/2022

Ramji Lal Bairwa S/o Sh. Chotu Bairwa, R/o Bairwa Dhani,
Pratap Pura, Post- Chosla, Tehsil- Malpura, Todaraisingh, District-
Tonk-Raj. (Vehicle Pickup No. RJ-13, GB-5630).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous (Petition) No. 2953/2022 Iliyas Khan S/o Jumma Khan, R/o Village Pratap Pura, Post Chosla, Tehsil Malpura, District Tonk-Raj. (Vehicle Pickup No. RJ- 14-GH-4336).

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Atul Kumar Jain For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

07/05/2022

Heard the parties.

Vehicles of the petitioners bearing Registration Nos. RJ-13

GB-5630 & RJ-14 GH-4336 were seized by the police as it were

found carrying animals for slaughter purposes. The prayer for

release of vehicles was refused by the District Magistrate, Jaipur

stating therein that he/she had no jurisdiction to entertain the

prayer for release of the vehicle.

(2 of 2) [CRLMP-2607/2022]

Learned counsel for petitioners has placed reliance on the

judgment of Hon'ble Supreme Court in the case of Sunderbhai

Ambalal Desai & Ors. v. State of Gujarat reported in (2002)

10 SCC 283 as well as judgment of a co-ordinate Bench of this

Court in S.B. CRLMP No.5644/2020 disposed of on 20.11.2020 for

his submission that long seizure of vehicles would not serve any

purpose rather would allow the vehicle to be rusted and damaged

in police lockup.

I find substance in the submission aforesaid. Let the pickups

in question be released in favour of the petitioners after

verification of all the documents of ownership and on executing

bond of Rs.2,00,000/- along with two surety bonds of like amount

for each of the vehicles to the satisfaction of trial court and with

further condition that the said vehicles would not be disposed of

without condition of the trial court.

With the aforesaid observation, these petitions are allowed.

Pending application/s, if any, also stands disposed of.

(BIRENDRA KUMAR),J

Hemant/5-6

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