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2005 DIGILAW 2842 (RAJ)

Jawahar Lal v. State of Rajasthan

2005-10-27

K.K.ACHARYA

body2005
Honble ACHARYA, J.–By this criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 22.10.2005 passed by Judicial Magistrate First Class, Marwar Junction, District- Pali whereby the application of the petitioner moved under Section 451/457 Cr.P.C. for releasing the vehicle on supardginama was dismissed. (2). Learned counsel for the petitioner states that the jeep bearing No. RJ 22 C 2078 was seized by the Transport Department as there was violation of the permit. Learned Magistrate has dismissed the application of the petitioner solely on the ground of jurisdiction. The petitioner is registered owner of the said vehicle. The said vehicle is lying of the case will take long time. Learned counsel for the petitioner argues that criminal court has also jurisdiction to release the vehicle seized by the RTO. In support of his arguments, learned counsel for the petitioner has cited before me the order dated 28.9.2005 passed by this Court in Rakesh Kumar vs. State of Rajasthan. (S.B. Criminal Misc. Petition No. 780/2005). He has also cited before me the judgments passed by this Court in Jetharam vs. State of Rajasthan reported in 2000 Cr.L.R. (Raj.) 607, in Cement Works & Ors. vs. State of Rajasthan reported in 2000 Cr.L.R. (Raj.) 528, in Noor Khan vs. State of Rajasthan reported in 1998 Cr.L.R. (Raj.) 307 and the judgment passed by this Court in S.B. Criminal Misc. Petition No. 966/2000; Kashiram vs. State of Rajasthan. Learned counsel for the petitioner has also cited before the judgment of Honble Supreme Court reported in Rajendra Prasad vs. State of Bihar & Anr., reported in JT 2000(5) SC 502 = RLW 2003(3) SC 356 and in Sunder Bhai Ambalal Desai vs. State of Gujrat reported in JT 2002 (10) SC 80. (3). Learned Public Prosecutor opposed this misc. petition and supported the order passed by learned Magistrate. He argues that since the tax was not deposited by the petitioner, therefore, the said vehicle may not be released. (4). I have considered the rival arguments advanced by both the parties and perused all the judgments cited by learned counsel for the petitioner. The Honble Supreme Court in the case of Rajendra Prasad vs. State of Bihar (supra) and Sunder Bhai Ambalal Desai vs. State of Gujrat (supra) has clearly held that if any vehicle is seized, it should not be detained unnecessarily and may be released after taking proper surety. The Honble Supreme Court in the case of Rajendra Prasad vs. State of Bihar (supra) and Sunder Bhai Ambalal Desai vs. State of Gujrat (supra) has clearly held that if any vehicle is seized, it should not be detained unnecessarily and may be released after taking proper surety. This Court has also held in the case of Noor Khan vs. State of Rajasthan (supra) that if any motor vehicle is seized under Section 207 of the Motor Vehicles Act, the Magistrate his jurisdiction to release the vehicle under Section 457 Cr.P.C. The same view has also been taken in the case of Jetharam vs. State of Rajasthan (supra) wherein it has been held that if tax is due, still criminal courts have jurisdiction to release the vehicle. In the instant case, learned Magistrate has decided the matter solely on the jurisdictional ground. It appears that he has not considered the legal provision of law in correct perspective. (5). Looking to all the facts and circumstances of the case, this misc. petition is allowed and the order dated 22.10.2005 passed by Judicial Magistrate First Class, Marwar Junction is set aside and the matter is remanded back to him with a direction that after hearing both the parties and after considering the judgment cited hereinabove, he will pass order afresh in accordance with the law on merits. If it is found that any tax is due with the petitioner, the concerned Transport Department is free to recover the same in accordance with the law and the Magistrate shall be free to pass appropriate orders in this regard also.