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SUDESH BANSAL
Rajendra Kumar Saini – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - By means of this criminal miscellaneous petition filed by petitioner under Section 482 Cr.P.C., challenge has been made to the order dated 29.02.2024 passed by Metropolitan Magistrate No.8, Jaipur Metropolitan-II, dismissing petitioner's application filed under Section 457 Cr.P.C. for releasing the vehicle Bolero Jeep bearing registration No.RJ-29-UA-6692 which is seized in connection with FIR No.34/2024 registered at Police Station Bhankrota, Jaipur Metropolitan (West) for offences under Sections 19/54, 54A Rajasthan Excise Act, 1950.
2. Counsel for the petitioner has contended that as per contents of the FIR, it is clear that the vehicle Bolero Jeep bearing registration No.RJ-29-UA-6692 was an escorting vehicle and no liquor was being transported in the Bolero Jeep, but in fact liquor was found being transported in an another vehicle i.e. container bearing registration No. RJ-18-GB-6893.
3. Learned counsel for the petitioner has contended that petitioner is the registered owner of the vehicle Bolero Jeep, and investigation in respect of vehicle in question has been completed, the vehicle is parked at police station Bhankrota under open sky and vehicle
Judicial orders must reflect application of mind and provide reasons; the Magistrate has jurisdiction to release vehicles not used for transporting illicit goods.
The main legal point established in the judgment is that the lower courts must determine their own jurisdiction under Section 457 Cr.P.C. to release a seized vehicle during pending confiscation proce....
Points of Law : Confiscation of vehicle - Provisions contained under subsection(1) to (4) of Section 72 of the Excise Act would have the effect of denuding the Magistrate of his power to pass any ord....
The provisions contained under sub-sections (1) to (4) of Section 72 of the U.P. Excise Act, 1910, denude the Magistrate of his power to pass any order under Section 457 of the Code of Criminal Proce....
The provisions contained under sub-sections (1) to (4) of Section 72 of the U.P. Excise Act, 1910, clearly denude the Magistrate of his power to pass any order under Section 457 of the Code of Crimin....
The court established that an application for release of a seized vehicle during the pendency of confiscation proceedings under Section 6A of The Essential Commodities Act is not maintainable before ....
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