JAWAHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Criminal Misc. Petition under Section 482, Cr.P.C., the petitioner has challenged the order dated 22.10.2005 passed by Judicial Magistrate First Class, Marwar Junction, District-Pali whereby the application of the petitioner moved under Section 451/457, Cr.P.C. for releasing the vehicle on supurdginama was dismissed.

(2.) Learned Counsel for the petitioner states that the jeep bearing No. RJ 22 C 2078 was seized by the Transport Department as there was violation of the permit. Learned Magistrate has dismissed the application of the petitioner solely on the ground of jurisdiction. The petitioner is registered owner of the said vehicle. The said vehicle is lying in the RTO custody and will be ruined as the trial of the case will take long time. Learned Counsel for the petitioner argues that criminal Court has also jurisdiction to release the vehicle seized by the RTO. In support of his arguments, learned Counsel for the petitioner has cited before me the order passed by this Court in Rakesh Kumar v. State of Rajasthan. He has also cited before me the judgments passed by this Court in Jetharam v. State of Rajasthan, in Cement Works & Ors. v. State of Rajasthan, in Noor Khan v. 1. S.B. Criminal Misc. Petition No. 780/ 2005, decided on 28.9.2005. 2. 2000 Cr.L.R. 607 (Raj). 3. 2000 Cr.L.R. 528(Raj). State of Rajasthan and the judgment passed by this Court in Kashiram v. State of Rajasthan. Learned Counsel for the petitioner has also cited before the judgment of Hon'ble Supreme Court reported in Rajendra Prasad v. State of Bihar &Anr.6 and in SunderBhai AmbalalDesaiv. State of Gujarat.7

(3.) Learned Public Prosecutor opposed this Misc. Petition and supported the order passed by learned Magistrate. He argues that since the tax was not deposited by the petitioner, therefore, the said vehicle may not be released.