RAJENDRA KUMAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By means of this criminal miscellaneous petition filed by petitioner under Sec. 482 Cr.P.C., challenge has been made to the order dtd. 29/2/2024 passed by Metropolitan Magistrate No. 8, Jaipur Metropolitan- II, dismissing petitioner's application filed under Sec. 457 Cr.P.C. for releasing the vehicle Bolero Jeep bearing registration No. RJ-29-UA-6692 which is seized in connection with FIR No. 34/2024 registered at Police Station Bhankrota, Jaipur Metropolitan (West) for offences under Ss. 19/54, 54-A Rajasthan Excise Act, 1950.

(2.) Counsel for the petitioner has contended that as per contents of the FIR, it is clear that the vehicle Bolero Jeep bearing registration No. RJ-29-UA-6692 was an escorting vehicle and no liquor was being transported in the Bolero Jeep, but in fact liquor was found being transported in an another vehicle i.e. container bearing registration No. RJ-18-GB-6893.

(3.) Learned Counsel for the petitioner has contended that petitioner is the registered owner of the vehicle Bolero Jeep, and investigation in respect of vehicle in question has been completed, the vehicle is parked at Police Station Bhankrota under open sky and vehicle is not required in the criminal trial, therefore, petitioner filed an application before the Judicial Magistrate under Sec. 457 Cr.P.C. to release the vehicle of petitioner to him on supurdginama.