Ikram S/O Noor Mohammad vs State Of Rajasthan
2022 Latest Caselaw 6179 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7249/2022

Ikram S/o Noor Mohammad, R/o Village Koshikala, Tehsil
Koshikala, District Mathura (Uttar Pradesh)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Vikram Yadav
For Respondent(s)        :     Mr. Deshraj Gosingha, PP



          HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                    Order

14/09/2022

Heard learned counsels for the parties.

This petition is for setting aside the order dated 05/08/2022

passed by learned Additional District and Sessions Judge No. 1,

kekri in application No. 11/2022 whereby the vehicle (Trailer) of

the petitioner bearing registration No. HR-38-S-9112, was refused

to be handed over to the petitioner.

The said vehicle was seized in FIR No. 93/2022 registered for

offences under Section 5, 6, 8,9 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 treated with

cruelty and were being carried without any permit or permission

from the competent authority.

(2 of 2) [CRLMP-7249/2022]

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 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 off.

(BIRENDRA KUMAR),J

ashu /94

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