Vivek Singh Thakur, J.

1. This petition has been filed assailing order, dated 22nd February, 2018 (hereinafter referred to as impugned order) passed by Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as the trial Court) in Case No. 64/4 of 2018, titled as Rati Ram vs. State of Himachal Pradesh, in Case FIR No. 54 of 2017, dated 19th October, 2017, registered in Police Station Shillai, District Sirmaur, under Section 39(1)A of H.P. Excise Act, whereby application preferred by the petitioner under Section 457 of the Code of Criminal Procedure (hereinafter referred to as CrPC) for release of vehicle No. HP18-B0983 has been dismissed in default for want of presence of applicant (petitioner herein) or his authorized representative.

2. Petitioner is claiming himself to be purchaser of the aforesaid vehicle on the basis of agreement of sale executed between registered owner, i.e. Shri Jagdish Chand S/o Shri Raiya Ram R/o Village Sail, P.O. Hallan, Tehsil Shillai, District Sirmaur, H.P. and the petitioner, photocopy whereof has been placed on record.

3. It has been submitted on behalf of the petitioner that as per prosecuti