JUDGMENT 1. - This criminal misc. petition has been preferred by petitioner Kana Ram against the order dated 16.09.2010 passed by learned District and Sessions Judge, Pali in Criminal Revision No.99/2010, by which the learned revisional court while affirming the order dated 07.07.2010 passed by learned Additional Chief Judicial Magistrate, Pali in Criminal Regular Case No.74/2010, dismissed the revision petition filed by the petitioner. 2. The brief facts giving rise to the present misc. petition are that on 21.10.2009, on the basis of the mukhbir information, 900 pouches of liquor were recovered from the house of Kalu Ram and on being interrogated Kalu Ram informed that above liquor was supplied by Kana Ram, who brought the same in Bolaro Jeep bearing No. RJ-19-UA-2524. On the aforesaid information, petitioner Kana Ram was arrested and the afore-mentioned vehicle was seized by the Excise Authorities. 3. An application under Section 457 Cr.PC was moved by the petitioner before the learned trial court and the learned trial court vide order dated 07.07.2010 dismissed the application on the ground that the court had no jurisdiction to release the vehicle in view of the provisions of Section 69 of the Rajasthan Excise Act as the vehicle was used for transporting illicit liquor. Being aggrieved by the said order, petitioner Kana Ram filed a revision and the same was also dismissed on the same ground. Hence, the petitioner has preferred the present criminal misc. petition. 4. The learned counsel for the petitioner contended that the information as disclosed by Kalu Ram is not admissible in evidence and the Bolaro Jeep was not seized while carrying the illicit liquor and simply on the information of the co-accused, the vehicle was seized, therefore, the jurisdiction of the trial court is not barred as per the provisions of Section 69 of the Rajasthan Excise Act. 5. 5. The learned counsel for the petitioner, in support of his contentions, relied upon the judgment of this court in Sahdeo Ram v. State of Rajasthan, 2002(2) WLN 619 , wherein the co-ordinate Bench of this court while interpreting the provisions of Section 69 of the Rajasthan Excise Act held that provisions of this Section apply only to the conveyance which is used in carrying such receptacle or package and such vehicle shall be liable to confiscation and as per the provisions of Section 54-A, when conveyance is used in the commission of an offence, and is liable to confiscation then the owner is deemed to be guilty of such offence and as per provisions of Sub-section (6) of Section 69 whenever any means of conveyance as referred to in Clause (e) of Sub-section (1) is seized in connection with commission of an offence under this Act, the Excise Commissioner or any officer authorised in this behalf by the State Government shall have, and, notwithstanding anything contained in any law for the time being in force any Court, Tribunal or other authority shall not have, jurisdiction to make order with regard to possession, delivery, disposal, release of such means of conveyance. 6. As per the charge-sheet filed in the court, Bolaro Jeep bearing No. RJ-19-UA-2524 was seized during the course of investigation from the possession of petitioner Kana Ram and at that time, the alleged vehicle was not carrying the illicit liquor, therefore, it cannot be and could not be seized on the allegation that the same was being used for carrying illicit liquor. In view of above, to prevent the abuse of the processes of the court and to meet the ends of justice, this criminal misc. petition is liable to be accepted and is hereby accepted. The orders of both the courts below are hereby set aside. The Bolaro Jeep bearing No. RJ-19-UA-2524 be delivered to the petitioner on furnishing a surety and Supurdginama of Rs. 10,00,000/- each to the satisfaction of the trial court for its production as and when the court so directs.Petition allowed. *******