KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been preferred by petitioner Kana Ram against the order dated 16.09.2010 passed by learned District and Sessions Judge, Pali in Criminal Revision No.99/2010, by which the learned revisional court while affirming the order dated 07.07.2010 passed by learned Additional Chief Judicial Magistrate, Pali in Criminal Regular Case No.74/2010, dismissed the revision petition filed by the petitioner.

(2.) The brief facts giving rise to the present misc. petition are that on 21.10.2009, on the basis of the mukhbir information, 900 pouches of liquor were recovered from the house of Kalu Ram and on being interrogated Kalu Ram informed that above liquor was supplied by Kana Ram, who brought the same in Bolaro Jeep bearing No. RJ-19-UA-2524. On the aforesaid information, petitioner Kana Ram was arrested and the afore-mentioned vehicle was seized by the Excise Authorities.

(3.) An application under Section 457 CrPC was moved by the petitioner before the learned trial court and the learned trial court vide order dated 07.07.2010 dismissed the application on the ground that the court had no jurisdiction to release the vehicle in view of the provisions of Section 69 of the Rajasthan Excise Act as the vehicle was used for transporting illicit liquor. Being aggrieved by the said order, petitioner Kana Ram filed a revision and the same was also dismissed on the same ground. Hence, the petitioner has preferred the present criminal misc. petition.