TAHIR SHAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since, the controversy involved in all these matters is same, these matters are being decided by this common order.

(2.) All these criminal miscellaneous petitions have been filed seeking release of their respective vehicles seized by the Police under provisions of the Indian Penal Code , 1860 (for short "the Act of 1860") as well as provisions of the Rajasthan Forest Act, 1953 (for short "the Act of 1953").

(3.) It is contended by learned counsels for the petitioners that their applications for releasing of the vehicles, have been rejected inasmuch as the proceedings under the provisions of the Act of 1953, were pending; wheres, there is no bar, on the jurisdiction of Court, under the Act of 1953 for releasing the vehicle on "supurdginama" as provided under Section 52-C of the Act of 1953. It is contended that undisputably, no such intimation under Section 52(4) of the Act of 1953 has been received in all these cases. Learned counsels for the petitioners have relied upon judgments of Coordinate Bench of this Court in SB Criminal Miscellaneous Petition No.3944/2016 titled as Yunush Versus State of Rajasthan, dated 14.09.2016, in SB Criminal Miscellaneous Petition No.5947/2017 titled as Inklab Versus State of Rajasthan, dated 16.11.2017 and in SB Criminal Miscellaneous Petition No.1321/2017 titled as Sher Mohd. Versus State of Rajasthan, dated 26.04.2017.