VISHNU PRASAD Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard both the parties at admission stage.

(2.) Learned counsel for the petitioner states that the said vehicles was seized by DTO on 23.12.2003. At that time, driver was not having the Registration certificate and the vehicle was being used for commercial purposes as loading vehicle. The tax was also not deposited as per provisions of Sections 17(2) of the Motor Vehicles Act. The tax in the sum of Rs.38,108.00 is due and the penalty over the due tax is Rs. 53,326/- and therefore, the total amount of Rs. 91,434/- is due from the petitioner since Jan., 2004. He further states that jeep is lying in the police custody and if the same is not released, it will be ruined as the trial of the case will take long time. Learned trial court has dismissed the application filed under Sec. 457 Crimial P.C. for releasing the vehicle on interim custody. He further states that petitioner is ready to deposit the tax in the sum of Rs. 38,108.00 and so far as penalty is concerned, he states that petitioner wants to move before the appropriate Authority, therefore, in the meantime, the said vehicle may be released on 'Supardginama'.

(3.) Learned Public Prosecutor has supported the order of learned Chief Judicial Magistrate and states that penalty over the due tax should also be paid by the petitioner. In case, the said vehicle is released security may also be taken from the petitioner.