KALPANA TRAVELS P LTD Vs. STATE

JUDGEMENT

(1.) By way of filing present misc. petition under Section 482, CrPC, the petitioner has challenged the order dated 09.11.2005 passed by Additional Judicial Magistrate, Hanumangarh in Criminal Misc. Application No. 217/2005 as well as the order dated 17.11.2005 passed by Sessions Judge, Hanumangarh in Criminal Revision No. 184/2005 whereby the order passed by the Addl. Judicial Magistrate, Hanumangarh dated 09.11.2005 was upheld.

(2.) Brief facts of the case are that the petitioner's bus bearing No. RJ-14-IP-6500 was seized by the Transport Department on the ground that there were dues of road tax of Rs. 11,535/-. Upon the seizure, an application under Section 457, CrPC, was filed by the petitioner for releasing the vehicle in question but the learned Additional Judicial Magistrate, Hanumangarh vide order dated 09.11.2005 rejected the application on the ground that there is outstanding of Rs. 11.535/- of road tax, therefore, vehicle cannot be released. Learned revisional Court vide order dated 17.11.2005 has also upheld the order passed by the learned trial Court.

(3.) It is contended by the learned Counsel for the petitioner that there was no tax due when the vehicle was seized. During the pendency of the case, he has also filed the original copy of the certificate given by the District Transport Officer (Passenger Vehicle-II), Jagatpura, Jaipur to the effect that there is no outstanding upto November, 2005. It is contended that the vehicle is registered with the District Transport Officer, Jaipur, therefore, when there is no outstanding tax as per the certificate, therefore, the District Transport Officer, Hanumangarh has illegally seized the vehicle. Upto filing of the certificate issued by the District Transport Officer, Jaipur, this Court vide order dated 10.01.2006 directed the petitioner to implead the District Transport Officer, Hanumangarh as party respondent in the matter and notice was issued to him and he was directed to remain present before this Court.