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1996 DIGILAW 899 (RAJ)

Jagdish v. State of Rajasthan

1996-08-12

Y.R.MEENA

body1996
JUDGMENT 1. - By this petition, the petitioner has prayed that three drums of diesel oil containing 200 litres diesel in each drum of petitioners, they be given to petitioners on supurdaginama. 2. On 27.3.96, the petitioners purchased 3 drums of diesel oil each containing 200 litres of diesel oil from Ranoli Petrol Pump for their use in agriculture, Diesel pump-set and Tractor. These drums were brought by the petitioners in jeep No. RJ/23-C/525 from Ranoli Petrol Pump to the fields of petitioner. The jeep was stopped on the road side near the fields of petitioner No. 2 & 3, located in the farm. In the meanwhile the jeep of police came from Ringas side and in absence of any person available in the jeep, they seized the jeep and 3 drums of diesel oil under section 102 Cr.PC. The jeep has been released on supurdaginama but three drums of diesel oil are still with the police. 3. The petitioners moved application before the Civil Judge (Jr. Dn.) & Judicial Magistrate. Ringas for releasing the drums on supurdaginama. No other claimant has claimed for the drums of diesel oil. However, the application o? the petitioners has been rejected on the ground that some letters have been written to District Supply Officer. Sri Madhopur District Collector. Sikar and the matter is under investigation 4. Heard learned counsel for the parties. Learned PP has admitted that the case has not been registered so far for the offence under Essential Commodities Act. 5. The drums were seized as back as in March. 1996 now we are in 1996. No steps has been taken for registering the case under Essential Commodities Act. No other person has claimed the ownership of drums of diesel oil. Considering these facts of the case, I find no jurisdiction to refuse the prayer of petitioners to release three drums of diesel oil on supurdaginama.It is, therefore, ordered that the three drums of diesel oil, containing 200 litres oil in each of the drums be given to petitioners on supurdaginama, provided each of them furnishes personal bond and surety bond to the satisfaction of Civil Judge (Jr. Dn.) & Judicial Magistrate, Ringas.The misc. petition is allowed as indicated above.Petition allowed. *******