Judicial orders must reflect application of mind and provide reasons; the Magistrate has jurisdiction to release vehicles not used for transporting illicit goods.

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 is not required in the criminal trial, therefore, petitioner filed an application before the Judicial Magistrate under Section 457 Cr.P.C. to release the vehicle of petitioner to him on supurdginama.

4. Learned counsel for the petitioner has contended that Public Prosecutor opposed the application taking resort to provision of Section 69(4)(6) of the Rajasthan Excise Act, 1950 that where any means of conveyance referred to in clause (e) of sub-section (1) is seized in connection with commission of any offence under this Act, the Excise Commissioner or the Officer authorized in this behalf by the State Government would have jurisdiction to pass order for confiscation of the said means of conveyance as also shall have the jurisdiction to make order with regard to the possession, delivery, disposal, release of such means of conveyance.

5. Learned Public Prosecutor has emphasized on the basis of sub-section 6 of Section 69 of the Rajasthan Excise Act, 1950 that any Court, Tribunal or other Authority shall not have jurisdiction to make order for release of vehicle seized for offences under Sections 19/54, 54A of the Rajasthan Excise Act, 1950 as conveyance in carrying receptacles or packages in contravention of provisions of Rajasthan Excise Act, 1950. The Judicial Magistrate has no jurisdiction to release vehicle in question which has been seized for offence under Section 19/54, 54A of Rajasthan Excise Act.

6. Learned counsel for the petitioner has contended that the Judicial Magistrate has rejected the petitioner's application vide order impugned dated 29.02.2024, but in the order it has not discussed that the seized vehicle in question was an escorting vehicle and was not used for carrying receptacles or packages, nor Judicial Magistrate has pondered over the legal issue that the embargo envisaged under sub-section 6 of Section 69 of the Rajasthan Excise Act, 1950 does not apply upon the vehicle in question, which has been seized merely on account of being an escorting vehicle to the container wherein the illicit liquor was being transported. Learned counsel submits that on account of non adherence to the clinching issue, sought to be addressed by the Judicial Magistrate, the order impugned can be termed as a non speaking, unreasoned or cryptic order, hence, cannot be sustained in the eye of law.

7. Learned counsel for the petitioner has contended that the bar of Section 69(4)(6) of Rajasthan Excise Act, 1950 is not applicable to the escorting vehicle, and the Judicial Magistrate has the power and jurisdiction to release the escorting vehicle and this proposition of law is well-established as has been expounded by the Rajasthan High Court, in case of Kana Ram v. State of Rajasthan [2012 (1) Cri.LR (Raj) 157] which has further been followed by the Rajastha