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2025 DIGILAW 798 (RAJ)

Vikram Singh v. State of Rajasthan

2025-03-17

FARJAND ALI

body2025
Order : 1. By way of filing of the instant criminal misc. petition, challenge has been made to the order dated 10.12.2024 passed by the learned Additional Chief Judicial Magistrate No.1, Mavli, District Udaipur in Criminal misc. Case No.339/2024 pertaining to FIR No.171/2024 registered at Police Station Dabok, District Udaipur whereby the prayer made by the petitioner for releasing the vehicle in question (car) bearing registration No.GJ-06-BK-3917, has been declined. 2. Learned counsel for the petitioner submits that he is the owner of the vehicle in question which has been seized by the Police Officers. He submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same. 3. Learned Public Prosecutor opposed the instant criminal misc. petition. 4. Heard learned counsel for the parties and gone through the order under assail and the relevant laws. 5. Briefly stated the facts of the case are that on 02.07.2024, the team of P.S. Dabok intercepted a vehicle Car bearing registration No.GJ-18-BH-1061 for the allegations of contravention of provision under the Rajasthan Excise Act . Te Vehicle of the petitioner bearing registration No. GJ-06-BK- 3917 was also seized in this case for allegation that this vehicle was being used for the purpose of escorting the vehicle bearing registration No GJ-18-BH-1061 and to make a save pace just to the clutches of preventive agencies. Both the vehicles were seized. The application moved on behalf of the petitioner seeking release of the vehicle on the ground that he is the registered owner of the vehicle and there is no other person raising claim over the vehicle, and therefore, he is the best person to get back the possession but the same has been dismissed vide the order under challenge owing to reason of applicaton of Section 69 (e) of the Rajasthan Excise Act . I am of the view that Section 69 of the Rajasthan Excise Act would be applicable only for the vehicle which carry the excisable article not the other vehicle which is seized for the allegations of facilitation of crime. This Court’s view is further fortified with the judgment passed by a coordinate Bench at Jaipur in the case of Rajendra Kumar Saini Vs. State of Rajasthan in S.B. Criminal Misc. This Court’s view is further fortified with the judgment passed by a coordinate Bench at Jaipur in the case of Rajendra Kumar Saini Vs. State of Rajasthan in S.B. Criminal Misc. (Petition) No. 1534/2024 decided on 15.03.2024 6. Considering the submissions, the misc. petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs.5,00,000/- and surety of like amount to the satisfaction of the Court below.