SITARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 279/2020 registered at Police Station Muhana, District Jaipur City South for the offence(s) under Section(s) 19/54 of Rajasthan Excise Act, under Section 51(b) of Disaster Management Act and under Section 188 of IPC.

(2.) Heard learned counsel for the petitioner through Jitsi Meet. It is contended by learned counsel for the petitioner that in the instant case arrest of the petitioner was illegal as it was carried out by an officer of the rank of the Assistant Sub Inspector; whereas, as per notification issued by the State Government under Section 47 of the Rajasthan Excise Act, 1950 (for short, ' The Act of 1950'), an officer not below the rank of Sub Inspector only is authorised to carry out search, seizure and arrest in a residential house. He contends that Section 45 of the Act of 1950 has no applicability as it does not pertain to search and seizure with respect to residential house.

(3.) Learned counsel for the petitioner relied upon order dated 20.09.2019 passed by the SB Crl.Misc.Second Bail Application No. 12718/2019: Mukesh Kumar Meena Vs. State of Rajasthan.