Jitendra Ray Goyal, J.-This misc. petition under Section 482 CrPC is directed against the order dated 12.08.2005 passed by Additional Judicial Magistrate First Class No. 1, Sikar in case No. 43/2005 by which the application under Section 451, CrPC for interim custody of the vehicle bearing registration No. RJ-23-P-3475 which was seized by the Transport Department under Section 17 (2) of the Rajasthan Motor Vehicle Taxation Act, 1951 (in short the Act of 1951) was rejected.

2. Learned Counsel for the petitioner contended that the said vehicle was seized by checking party of the Transport Department on 14.07.2005 and without adopting any legal course demanded Rs. 17,526/-. It is also contended that when the vehicle was seized, no tax was due on the petitioner, therefore, it cannot be said that the said vehicle was seized under Section 17 (2) of the Act of 1951. It is also contended that if any contravention has been made by the driver of the vehicle then only course was to file a challan or a complaint and in these matters, the criminal Court was competent to release the vehicle in accordance with the provisions of law. It is also contended that the petitioner to save himsel