Rajasthan High Court - Jodhpur
Dilip Kumar vs State on 22 November, 2012
Author: Sandeep Mehta
Bench: Sandeep Mehta
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S.B. Criminal Misc. Petition No.2745/2011
Dilip Kumar. VS. State of Rajasthan.
22.11.2012
Hon'ble Mr. Justice Sandeep Mehta
Mr.JR Beniwal, Sr.Adv. a/w. Mr.Shanker, for the petitioner.
Mr.AR Nikub, PP, for the respondent State.
...
Heard.
The instant misc. petition has been filed by the petitioner challenging the order dated 5.11.2011 passed by the learned Judicial Magistrate First Class, Ladnu rejecting the application filed by the petitioner under Section 451/457 Cr.P.C. for returning back the truck no.RJ 18 GA 4020 seized in connection with FIR No.93/2011 of P.S. Jaswantgarh and the order dated 14.11.2011 passed by the learned Additional Sessions Judge, Didwana, District Nagaur in revision whereby the aforesaid order has been affirmed.
After hearing the arguments advanced at the bar and after going through the report submitted by the learned P.P., it is apparent that the police after investigation has filed a charge-sheet in this case against Mukesh and Jagar Mal for the offence under Section 19/54 of the Rajasthan Excise Act whilst the charge-sheet has been filed against the petitioner for the offence under Sections 19/54 and 19/54A of the Rajasthan Excise Act under Section 299 Cr.P.C.
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In this view of the matter, unless and until the petitioner is able to satisfy the court concerned that no offence under the Rajasthan High Court was committed while plying the offending vehicle, the criminal court has no jurisdiction to entertain the application for returning the vehicle in question in view of the bar contained in Section 69 of the Rajasthan Excise Act. If, however, the petitioner is successful in having the proceedings of the criminal case culminated in his favour, the trial court shall consider the release of the vehicle in question in accordance with law.
The instant misc. petition stands disposed of accordingly.
Stay petition also stands disposed of.
[Sandeep Mehta],J.
/S.Phophaliya/