Anuragzeb S/O Hameed vs State Of Rajasthan
2022 Latest Caselaw 6316 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 8467/2022

Anuragzeb S/o Hameed, R/o Lapla, Police Station Tijara, Tehsil
Tijara, District Alwar, Raj.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s)         :    Mr. S.S. Ola
For Respondent(s)         :    Mr. Prashant Sharma, PP



           HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                    Order

22/09/2022

Heard learned counsel for the parties.

This petition is for setting aside the order dated 16.05.2022

passed by learned Additional Session Judge No. 2 in appeal No.

4/22 whereby the vehicle (Truck) of the petitioner bearing

registration No. RJ-40-GA-2343, was refused to be handed over to

the petitioner.

The said vehicle was seized in FIR No. 223/2021 registered

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

1995 and Section 16/54 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.

Though there is provision for confiscation of the seized

vehicle under Section 6A of Rajasthan Bovine Act, however, no

such proceeding has been initiated as yet.

(2 of 2) [CRLMP-8467/2022]

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 Honble 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. 6,00,000/- along

with two sureties of like amount each to the satisfaction of the

court below.

The petition is allowed.

Pending application, if any, stands disposed off.

(BIRENDRA KUMAR),J

ashu /82

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