FAKRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition is filed against the order dtd. 28/10/2020 passed by learned Additional Sessions Judge No.1, Tijara, District Alwar whereby, the revision petition filed by the petitioner against the order dtd. 9/10/2020 passed by Judicial Magistrate, Bhiwadi District Alwar rejecting petitioner's application for release of vehicle, has been dismissed.

(2.) Assailing the order, learned counsel for the petitioner submitted that there is no statutory bar under the provisions of the Explosives Act, 1884 (for brevity "the Act of 1884") on the jurisdiction of the Judicial Court for releasing the vehicle. He submitted that Sec. 10 of the Act of 1884 nowhere provides forfeiture of the vehicle allegedly used in commission of the offence under the Act. He submitted that even the Investigating Agency has submitted its no objection with the learned Judicial Magistrate for release of the vehicle in his favour. Relying on the judgment of the Hon'ble Apex Court of India in case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 290, he prayed that the vehicle in question be released in his favour.

(3.) Learned Public Prosecutor has opposed the petition.