Omaram Vishnoi vs State of Rajasthan - 2025 Supreme(Raj) 1138

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2025 Supreme(Raj) 1138

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Omaram Vishnoi – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Mr. Mangi Lal Vishnoi, Mr. M. R. Pareek, Special PP

JUDGMENT :

MANOJ KUMAR GARG, J.

The petitioner has filed this criminal revision petition under Section 397 R/w 401 of IPC to assail the impugned judgment dated 19.02.2021 passed by Learned Additional Session Judge, Bali, District Pali, whereby the learned trial Court rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the vehicle Swift Dezire bearing registration No.RJ-19-CD-9545.

2. I have heard learned counsel for the petitioner and learned Special Public Prosecutor.

3. Learned counsel for the petitioner submits that the petitioner is a registered owner of the vehicle in question. Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench inPrakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in that background, the Court has acceded to the prayer of the incumbent and recorded its finding that solely for the reason that the vehicle and other articles are

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