STATE OF RAJASTHAN Vs. SHARDA KANWAR

JUDGEMENT

(1.) This criminal misc. petition under Section 482, Cr.P.C. has been filed against the order dated 12.2.2004 passed by the learned Addl. Sessions Judge, Bhror in Criminal Revision No. 7/2004 whereby the vehicle No. RJ-14-26-2205 has been released in favour of the non-applicant on furnishing supardgi of Rs. 5,00,000/-. The short facts of the case are that one FIR No. 21/2004 dated 27.1.2004 was registered by Excise Inspector, Behror and the impugned vehicle was seized under that FIR. The respondent submitted application for release of the vehicle bearing No. RJ 14-26-2205. The learned magistrate has rejected the application on the ground that after amendment in the Rajasthan Excise Act by incorporating Section 69(6) of the Act, the jurisdiction for releasing the vehicle now does not vest with the trial Court. The respondent preferred revision petition and the revisional court has released the vehicle to respondent. Hence this petition.

(2.) The contention of the present petitioner is that the learned revisional court has not considered the provisions and passed the order of release which is contrary to law and illegal. According to Section 69 of the Act, the jurisdiction to make order with regard to the possession, delivery, disposal of the vehicles are with the Excise Commissioner, The amendment starts with the non-obstante clause, meaning thereby that all other acts and laws have been excluded by which the vehicle could have been released by the courts and the order of the revisional court is unsustainable.

(3.) The learned counsel for the petitioner has placed reliance on the objects and reasons of the Rajasthan Excise (Amendment) Act, 2000 which reads as under:-