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1999 DIGILAW 219 (RAJ)

Shankar Singh v. State of Rajasthan

1999-02-19

MOHD.YAMIN

body1999
JUDGMENT 1. - By this petition the petitioner has challenged the order of learned Sessions Judge, Rajasamand by which he confirmed the order of learned Magistrate, Railmagra and refused to release the vehicle on 'supurdginama'. 2. Learned counsel for the petitioner submitted that this Court in various decisions has held that the vehicle should not be kept at the police stations and should ordinarily be released on 'supurdginama' as there is not arrangement to keep the vehicles in good conditions at police stations. He has, therefore, prayed that the vehicle may be released. 3. Learned P.P. has opposed the petition on the ground that as many as 8490 pouches of liquor were found in the mini truck No RJ-30-G-0032 and the Maruti Car which was ahead of the truck to protect it, did not stop at the signals of the police. The truck could be caught with great difficulty but the Maruti car could not be apprehended. He submitted that the truck will be again used for transportation of liquor. 4. The petitioner is the owner of the truck. If the police could not be apprehend the driver of the truck or could not apprehend the Maruti Car, it shows the slackness of the police itself. The truck should not be allowed to be wasted while lying at the police station as it will amount to national loss. Admittedly, there is no arrangement at the police station to park and keep in good condition. 5. The petition is hereby allowed and it is ordered that the mini truck No. RJ-30-G-0032 be released on furnishing 'supurdginama' of Rs. 5 lacs by petitioner together with a surety of the like amount to the satisfaction of learned judicial Magistrate, Railmagra District Rajsamand with the condition that the truck will not be used to carry any contraband or liquor and will not be used for any illegal purpose. Three sets of photographs of the truck showing its Registration number and chasiss number will be snapped at the cost of the petitioner before the Investigating Officer and one set of such photographs will be kept by the learned Magistrate on his file. The petitioner will not change its condition without permission of the court during the pendency of the trial of the case relating to FIR No. 347/98 of police station Railmagra.Petition Allowed. *******