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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Vikram Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. By way of filing of the instant criminal misc. petition, challenge has been made to the order dated 10.12.2024 passed by the learned Additional Chief Judicial Magistrate No.1, Mavli, District Udaipur in Criminal misc. Case No.339/2024 pertaining to FIR No.171/2024 registered at Police Station Dabok, District Udaipur whereby the prayer made by the petitioner for releasing the vehicle in question (car) bearing registration No.GJ-06-BK-3917, has been declined.
2. Learned counsel for the petitioner submits that he is the owner of the vehicle in question which has been seized by the Police Officers. He submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same.
3. Learned Public Prosecutor opposed the instant criminal misc. petition.
4. Heard learned counsel for the parties and gone through the order under assail and the relevant laws.
5. Briefly stated the facts of the case are that on 02.07.2024, the team of P.S. Dabok intercepted a vehicle Car bearing registration No.GJ-18-BH-1061 for the allegations of contravention of provision un
Section 69 of the Rajasthan Excise Act applies only to vehicles carrying excisable articles, not to those seized for facilitating a crime.
Judicial orders must reflect application of mind and provide reasons; the Magistrate has jurisdiction to release vehicles not used for transporting illicit goods.
Release of seized vehicle – Seized vehicles which in a wider sense are national property, would not be allowed to become junk day by day.
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