Abdul Kayum S/O Deen Mohammed vs State Of Rajasthan
2022 Latest Caselaw 6176 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6784/2022

Abdul Kayum S/o Deen Mohammed, R/o Village Hiramthala,
Tehsil Nuh, District Nuh Mewat, Haryana Through Power Of
Attorney Sazid S/o Deen Mohammad, R/o Village Hiramthala,
Tehsil Nuh, District Nuh Mewat, Haryana.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

14/09/2022

Heard learned counsel for the parties.

This petition is for setting aside the order dated 28/06/2022

passed by District Collector, Bharatpur in application No. 63/2022

whereby the vehicle (Truck) of the petitioner bearing registration

No. H.R.-74-A-6594, was refused to be handed over to the

petitioner.

The said vehicle was seized in FIR No. 94/2022 registered for

offences under Section 5, 6, 8 and 10 of Rajasthan Bovine Act,

1995. The impugned order reveals that the refusal is on the

ground that the bovine loaded on the vehicle were being carried

without any permit or permission from the competent authority.

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.

(2 of 2) [CRLMP-6784/2022]

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 bank guarantee of

Rs. 5,00,000/- along with two sureties of like amount to the

satisfaction of the court below with condition that one surety shall

be resident of territorial jurisdiction of State of Rajasthan.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ashu /93

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