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2007 DIGILAW 1383 (RAJ)

Vimal Patni v. State of Rajasthan

2007-07-24

DALIP SINGH

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Learned counsel for the petitioner has submitted that the petitioner is the owner of the tanker bearing Registration No. MP-09/KD-2138 which was being driven by his driver and was carrying 'Sheera' from Chhata Sugar Company Limited, Chhata, Mathura (U.P..) to Som Distillery Private Limited. Senatganj, Ray Singh (M.P.). It is submitted that a part of the route near Dholpur lies within Rajasthan and the tranker in question was seized by the Excise Authorities allegedly on the ground that the driver of the tanker did not have the relevant papers and documents authorising transit of 'Sheera' by the tanker through the territory of Rajasthan.It is submitted that the driver was arrested on the spot and has subsequently been released on bail under Section 439 Cr.PC. It has also been submitted that the tranker which was seized along with 'Sheera' has been ordered to be released to the petitioner by the Excise Commissioner, Udaipur, Rajasthan vide his order dated 07.08.2006 and while releasing the same it is contended that the Commissioner relying upon the Section 14 of the Rajasthan Excise Act was of the opinion that for the goods in transit it was not necessary for getting the permit from the Excise Department. Accordingly, the Excise Commissioner held that the case against the petitioner was prima facie not justified. Consequently, it was held that the registration of the case under Section 69(4) and seizure made thereunder was not justified. 3. In the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant the benefit of Section 438 Cr.PC. to the accused petitioner. 4. Accordingly, the bail application under Section 438 Cr.P.C. is allowed. The concerned S.H.O. is directed that in the event of the arrest of accused petitioner Vimal Patni son of ShA Nemi Chand Patni, in connection with FIR No. 7/2006 Police Station Excise, Dholpur, he shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- and two sureties in the sum of Rs. The concerned S.H.O. is directed that in the event of the arrest of accused petitioner Vimal Patni son of ShA Nemi Chand Patni, in connection with FIR No. 7/2006 Police Station Excise, Dholpur, he shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- and two sureties in the sum of Rs. 10,000/- each to his satisfaction on the following conditions : (i) He shall make himself available for interrogation by the Investigating Officer as and when required; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Investigating Officer; (iii) He shall not leave India without the previous permission of the Court; (iv) He shall not commit similar offence. Bail allowed. *******