Aseen Khan Son Of Shri Vishambar ... vs State Of Rajasthan
2022 Latest Caselaw 6181 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3401/2022

Aseen Khan Son Of Shri Vishambar Khan, Resident Of Nai Abadi,
Bodla, Agra (Up).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Dushyant Jain Mr. Udit Sapra 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 24.03.2022

passed by learned Judicial Magistrate No. 2 Dholpur whereby the

vehicle (Truck) of the petitioner bearing registration No. RJ-11-GB-

5133, was refused to be handed over to the petitioner.

The said vehicle was seized in FIR No. 59/2022 registered for

offences under Section 3,5, 6 & 8 of Rajasthan Bovine Act, 1995

and Section 19/54 of Rajasthan Excise Act. 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-3401/2022]

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 /89

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