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2024 Supreme(Raj) 368

ARUN MONGA
Shiv General Store – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: S.K. Vyas.
For the Respondent: Gaurav Singh.

ORDER :

1. Under challenge before this Court is an order dated 11.03.2024 passed by the learned Additional Sessions Judge No. 2, Nohar, District Hanumangarh in Regular Criminal Revision No. 04/2024 affirming the order dated 10.01.2024 passed by learned Additional Chief Judicial Magistrate, Nohar, vide which, the application under Section 397 Cr.P.C. seeking release of fire crackers on supardari was rejected. Same were seized by the Police pursuant to FIR No. 514/2023, Police Station Nohar for alleged offences under Section 286 IPC and Rules 5 & 9 of the Explosive Act, 1884.

2. Brief facts pleaded in the petition are that on 30.10.2023 a Police patrolling team stopped a vehicle Tata-S (Light Transport Vehicle) bearing registration No. RJ31-GB-6631, being driven by Deependra Singh. It was found laden with firecrackers without any valid licence to transport the same. The Police seized the goods and registered the FIR in question.

3. Learned Additional Chief Judicial Magistrate dismissed the supardari application precisely for this reason that the driver had not produced any valid licence to transport or possess the firecrackers. Thus he did not find it appropriate to release the seized f

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