KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner against order dated 15.7.2003 passed by Judicial Magistrate, First Class, Merta, by which he rejected the application filed by the petitioner under Sec 451 in which a prayer was made that Jeep No. RJ-21 C-0396 (hereinafter referred to as 'the Jeep') be released and be handed over to him on-Supardginama, and further order dated 8.4.2004 by which the Judicial Magistrate further ordered that the Jeep be seized in the name of the Govt, and the same may be put up for auction and the auction amount be deposited with the Govt, be quashed and set aside. It arises in the following circumstances:-

(2.) That the jeep in question was first seized under the provisions of Motor Vehicles Act in Case No. 160/02 and through order dated 24.7.2002 the jeep in question was ordered to be given to petitioner Kalu Ram on Supardaginama and the same was taken over by him on 29.8.2002 from Police Station, Merta Road, Nagaur. A receipt in this connection has been produced in the file.

(3.) The further case of the petitioner is that on the same day i.e. on 29.8.2002 the said jeep in question was again seized by the police, Merta under the provisions of Sec. 102 of Cr.RC.