Firm Shri Gurnanak Traders vs State Of Rajasthan (2026:Rj-Jd:16597)
2026 Latest Caselaw 5511 Raj

Citation : 2026 Latest Caselaw 5511 Raj
Judgement Date : 9 April, 2026

[Cites 2, Cited by 0]

Rajasthan High Court - Jodhpur

Firm Shri Gurnanak Traders vs State Of Rajasthan (2026:Rj-Jd:16597) on 9 April, 2026

[2026:RJ-JD:16597]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 2578/2026

Firm     Shri    Gurnanak      Traders,        Suratgarh         Road   Pilibanga
Hanumangarh Through Balvinder Singh S/o Shri Mukund Singh
Age 72 Years R/o Ahmadpura Pilibanga District Hanumangarh
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Ms. Sangeeta, through VC
For Respondent(s)         :     Mr. Ramesh Dewasi, PP



       HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

09/04/2026

Learned counsel for the petitioner has preferred the present

criminal misc. petition under Section 528 BNSS aggrieved against

the order dated 06.03.2026 passed by the Learned Additional

Chief Judicial Magistrate, Pilibanga, District Hanumangarh whereby

the application filed by the petitioner to sale the vehicle released

on supurdginama was dismissed.

Learned counsel for the petitioner submits that tractor was

stolen from the petitioner's showroom on the basis of which the

petitioner had immediately lodged an FIR and, accordingly, the

tractor were recovered. It is further submitted that the said

vehicle was handed over to the petitioner on supurdginama.

It is submitted that the petitioner is authorised dealer of

swaraj tractors and the vehicle in question are new vehicles meant

for sale.

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[2026:RJ-JD:16597] (2 of 4) [CRLMP-2578/2026]

The said application has been rejected by the learned trial

Court without properly appreciating the facts of the present case.

Learned counsel for the petitioner submits that the trial Court has

dismissed the application on the ground that vehicle had earlier

been released on Supurdaginama subject to certain conditions,

which did not expressly permit its sale, and the said vehicle is

required for the purpose of trial.

Learned counsel for the petitioner has placed reliance upon

the judgment passed by a Co-ordinate Bench of this Court in M/s

Agarwal Tractors v. State of Rajasthan in CRLMP No.

365/2016 and Jimmi H. Jangalwala Proprietor M/s Vespar v

State of Rajasthan in CRLMP No. 1099/2015.

Learned Public Prosecutor is not in a position to dispute the

fact that vehicle is recovered pursuant to the FIR lodged by the

petitioner and that the petitioner is an authorised dealer.

This Court has considered the arguments raised by the

learned counsel for the petitioner. It is not disputed that the

petitioner is running the business of sale and purchase of tractor

and at the instance of his complaint the vehicles have been

recovered.

The Co-ordinate Bench of this Court in M/s Agarwal

Tractors v. State of Rajasthan (supra) has clearly considered

these facts and recorded as held under:-

"Learned counsel argued that the aforesaid vehicles are standing in the workshop in same position since last 16 months and deteriorating day by day. If the permission for sale of aforesaid vehicles is not granted, then the vehicles would totally damaged. The vehicles cannot be sold in future because new technology would be introduced in the market. There is no dispute regarding the ownership of the aforesaid vehicles, therefore, the petitioner is entitled to grant of permission to sell the aforesaid vehicles. The petitioner is ready to abide by all the conditions imposed by this Court. In support of his

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[2026:RJ-JD:16597] (3 of 4) [CRLMP-2578/2026]

arguments, learned counsel relied upon judgment of Co- ordinate Bench of this Court at Principal Seat at Jodhpur in Jimmi H. Jangalwala Proprietor M/s. Vespar Vs. State of Rajasthan, 2016 (1) WLC (Raj.) 545.

Learned Public Prosecutor opposed the petition. The Co- ordinate Bench of this Court at Principal Seat at Jodhpur in Jimmi H. Jangalwala Proprietor M/s.Vespar(supra), in similar circumstances, after relying upon judgment of Allahabad High Court in M/s. Zoom Movers Proprietary Concern Vs. State of U.P., 2011 (1) CrCC 221(Allahabad), allowed the petition filed by the petitioner therein and directed transfer/sale of disputed vehicle after taking latest photographs of the vehicle and preparing of panchnama.

Having heard learned counsel for the parties and considering the judgment of Co-ordinate Bench of this Court at Principal Seat at Jodhpur in Jimmi H. Jangalwala Proprietor M/s. Vespar(supra), this Court is inclined to allow present petition.

In view of above, present petition is allowed. Order dated 10.12.2015 passed by the trial court is set aside and it is directed that latest photographs of seized vehicles, Sonalika Tractor Engine No. 3102IL43A392514F5, Chasis No.BZRSE394008S3 and Engine No. 3102IL43A398238F5, Chasis No.MZCSE400329S3 taken from various angles be taken on record and thereafter, the trial court, after preparation of panchnama, may allow the petitioner to sell/transfer the aforesaid vehicles or dispose off the same. s Stay application stands disposed off."

In view thereof, considering the judgments passed by the

Co-ordinate Bench and the observations made above, there is no

reason to not to permit the petitioner to sale his vehicle which has

been seized at his instance, specially when the petitioner is having

the dealership of the said vehicle. No purpose will be served

keeping the vehicle until the trial is over as by that time the

vehicle will become redundant and will cause irreparable loss to

the petitioner.

Therefore, the order dated 06.03.2026 passed by the learned

Additional Chief Judicial Magistrate, Pilibanga is set aside and it is

directed that the latest photographs of the Swaraj Tractor Part No.

855TMSIORPSDTCR, ENGINE No. EZ.5003/SHL48978 & VIN No.