Moti S/O Sh. Ajabsingh vs State Of Rajasthan
2022 Latest Caselaw 6200 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 4603/2022

Moti    S/o    Sh.   Ajabsingh,         R/o     Jagdishpur          Orangabad    Post
Khakuda,       Police    Station       Ahmedgarh            Block     Pashu,    Tehsil
Shikarpur Orangabad District Bulandsahar (U.p).
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through P.P.
                                                                     ----Respondent

For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

15/09/2022 Heard learned counsels for the parties.

This petition is for setting aside the order dated 23.02.2022

passed by District Collector Bharatpur in application No. 17/2022

whereby the vehicle (pick-up) of the petitioner bearing registration

No. UP-13 BT-3317, was refused to be handed over to the

petitioner.

The said vehicle was seized in FIR No. 69/2022 registered for

offences under Section 5 and 8 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-4603/2022]

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. 3,00,000/-

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 /117

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