RAJESH S. Vs. STATE

JUDGEMENT

(1.) Learned High Court Government Pleader is directed to take notice for respondent - State.

(2.) This petition has been filed by the petitioner/accused under Section 482 of Cr.P.C. to quash condition No.2 imposed by V Additional Civil Judge (Jr. Dn.) and JMFC, Shivamogga in Crime No.489/2019 (Court CR. No.1120/2019) dated 06.01.2020 of Tunganagar Police Station.

(3.) Facts of the case are that on 05.12.2019 at about 4.00 p.m., police were on patrolling duty. At that time, a Tractor and Trailer bearing Reg. No.KA-14-TB1091 and KA-14-TMP/2018-10403 came loaded with filter sand and the petitioner/accused was not having any permit or license to transport the same. On the basis of the same, the said vehicle has been seized and a case has been registered. Thereafter, the petitioner/accused being the owner of the tractor and trailer filed an application under Section 457 of Cr.P.C. to release the said vehicle. Learned Magistrate after hearing both sides, by order dated 06.01.2020 allowed the application by imposing certain conditions. For having imposed condition No.2, the petitioner/accused is before this Court.