JITENDRA KUMAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner challenging the Panchnama dated 1.12.2011 and the notice dated 22.12.2011 issued by the Officers of the Transport Department, Sri Ganganagar to the petitioner in relation to the plying of the Bus No. HP48-9786 without proper documents.

(2.) Shri B.L. Maheshwari, Senior Advocate assisted by Mr. T.R. Choudhary, Advocate, submits that the seizure of the petitioner's bus has been done in this case for want of registration certificate, insurance certificate, time table, permit and non-deposit of tax. He further submits that for the infringements of the aforesaid nature, the petitioner is liable to be prosecuted under Sec. 192-A of the Motor Vehicles Act. Thus, he submits that the seizure of the motor vehicle i.e. bus has been made in relation to an offence committed by the petitioner and, therefore, the criminal Court has jurisdiction to consider the release of the vehicle while exercising the powers prescribed under the Criminal Procedure Code.

(3.) The prayer, which has been made in the misc. petition is reproduced herein below.