NOOR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CORE question that cropped up for consideration in the instant petition is, as to whether the provisions contained in section 457 of the Code of Criminal Procedure (for short the Cr.P.C.) are attracted in respect of vehicles seized under Section 207 of the Motor Vehicles Act 1988 (for short the M.V. Act).

(2.) THIS question emerges in the circumstances set out below -

(3.) ON the other hand Mr. S.R. Yadav, learned Govt. Advocate canvassed that provisions contained in Section 457 Cr.P.C. are not applicable to the seizure of vehicles under the provisions of the M.V. Act. Mr. Yadav, learned counsel supported the impugned order and placed reliance on Shrangdhar Sharma v. The State of Bihar, 1992 Cr.L.J. 2063; State of Rajasthan v. Mohammad Nissar, S.B. Cr. Misc. Petition No. 675/95, decided on 17.7.97 (RHC) and Suchrata v. State of Rajasthan, S.B. Cr. Misc. Petition No. 743/97 decided on 9.12.97.