GOPESH KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Cr.RC., the petitioner seeks to quash the order dated 29.1.2004 passed by the Chief Judicial Magistrate, Nagaur rejecting the petitioner's application under Sec. 457 Crimial P.C. with respect to the release of seized liquor in C.R. Case No.59/2003 Excise Circle, Nagaur.

(2.) The petitioner claims to be the special power of attorney holder of M/s. Rajasthan Liquor Private Limited, Jaipur. The petitioner Company claims to hold import permit issued by the Excise Officer, Kaladera. In pursuance of the said permit, the liquor was being transported to Barmer via. Ajmer-Jodhpur in Truck No. RJ- 19-G-8230. The Excise Inspector intercepted the truck on 29.12.2003 at Nagaur. The truck was found carrying liquor without a route permit. The liquor 612 carrots (boxes) was seized by the officers of the Excise Department. A case has been registered against the officers of the Company for the offence under Sec. 19/54 of the Rajasthan Excise Act. The petitioner filed an application under Sec. 457 Crimial P.C. before the Chief Judicial Magistrate, Nagaur for release of 613 carrots of liquor. The learned Magistrate rejected the application on the ground that investigation is still pending and some of the accused persons are yet to be arrested, it appears that a revision petition has been filed against the said order of the learned Magistrate dated 29.1.2004 before the Addl. Sessions Judge, Nagaur. It is submitted that the Presiding Judge is on leave and the case is not likely to be taken up and the licence period is ending on 31.3.2004. The petitioner has approached this Court under the provisions of Sec. 482 Cr.PC.

(3.) I have heard learned counsel for the petitioner and learned Public Prosecutor.