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2019 DIGILAW 3116 (RAJ)

Tahir S/o Shahid v. State of Rajasthan through P. P.

2019-12-19

MAHENDAR KUMAR GOYAL

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ORDER : 1. Since, the controversy involved in all these matters is same, these matters are being decided by this common order. 2. All these criminal miscellaneous petitions have been filed seeking release of their respective vehicles seized by the Police under provisions of the Indian Penal Code, 1860 (for short “the Act of 1860”) as well as provisions of the Rajasthan Forest Act, 1953 (for short “the Act of 1953”). 3. It is contended by learned counsels for the petitioners that their applications for releasing of the vehicles, have been rejected inasmuch as the proceedings under the provisions of the Act of 1953, were pending; whereas, there is no bar, on the jurisdiction of Court, under the Act of 1953 for releasing the vehicle on “supurdginama” as provided under Section 52-C of the Act of 1953. It is contended that undisputably, no such intimation under Section 52(4) of the Act of 1953 has been received in all these cases. Learned counsels for the petitioners have relied upon judgments of Coordinate Bench of this Court in SB Criminal Miscellaneous Petition No.3944/2016 titled as Yunush Versus State of Rajasthan, dated 14.09.2016, in SB Criminal Miscellaneous Petition No.5947/2017 titled as Inklab Versus State of Rajasthan, dated 16.11.2017 and in SB Criminal Miscellaneous Petition No.1321/2017 titled as Sher Mohd. Versus State of Rajasthan, dated 26.04.2017. 4. Learned Public Prosecutor appearing for the respondent-State did not dispute this legal position. 5. Heard learned counsel for the parties and perused the record. Since, bar under Section 52-C of the Act of 1953 is not attracted in these petitions, in the light of the judgments passed by Coordinate Benches of this Court, I deem it just and proper to allow these criminal miscellaneous petitions filed under Sections 482 of CrPC. 6. Consequently, these criminal miscellaneous petitions are allowed. The orders impugned herein, whereby, the prayer made by the petitioners for release of their vehicles in question, are quashed. 6. Consequently, these criminal miscellaneous petitions are allowed. The orders impugned herein, whereby, the prayer made by the petitioners for release of their vehicles in question, are quashed. It is directed that the vehicles in question shall be released by the learned trial Court on “supurdgi” to the petitioners on their furnishing “supurdginama” in the appropriate sum as the learned trial Court deems just and proper looking to the type of vehicles, its age and other relevant factors with two sureties of its satisfaction, with undertaking to produce the vehicles in question before the concerned Court as and when required with further undertaking that condition of the vehicles shall be kept intact and the petitioners shall not transfer or mortgage the vehicles in question and shall ensure that the vehicles shall not be damaged in any manner whatsoever. The petitioners are further directed to furnish the photographs of their vehicles in question showing numbers and colours etc. of the vehicles with the learned trial Court. 7. It is, however, made very clear that before so releasing the vehicles, the learned trial Court shall ensure that it has not received any intimation as stipulated under Section 52(4) in Section 52-C of the Act of 1953. 8. With the aforesaid directions, all these criminal miscellaneous petitions are allowed. 9. A copy of this order be placed in each connected file.