ARJUN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The vehicle of the petitioner was seized by the Mobile Magistrate on the ground of carrying passengers for commercial gain without valid permit from the Regional Transport Authority. The petitioner filed an application under Ss. 451 and 457, Cr. P.C. before the Mobile Magistrate seeking interim custody of the vehicle against 'Supardginama'. The application was rejected by the concerned Magistrate vide order dated 8-8-97 along with five more similar applications. The Magistrate while relying on a judgment of this Court in S.B. Cr. Misc. Petition No. 675/97 (State v. Mohd. Nisar) decided on 17-7-97 held that he has no powers to release the vehicle on 'Supardginama' in a case where the alleged offence is under S. 207 of the Motor Vehicles Act.

(2.) The provisions of Motor Vehicles Act, 1988 and S. 457, Cr. P.C. have again come up for consideration before this Court in case of

(3.) Accordingly, the petition succeeds and is hereby allowed. The impugned order dated 8-8-97 so far as application of petitioner in Case No. 144/97 is set aside. The case is remitted back to the Special Judge (Mobile) Cum Additional Chief Judicial Magistrate, Udaipur to decide the application under S. 457, Cr. P.C. afresh on furnishing certified copy of this order. The learned Magistrate is expected to decide the petition expeditiously after giving a short notice to State. Petition allowed.