[2026:RJ-JD:2744]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 2753/2025 Prabhu Lal Kumhar S/o Sh. Ram Lal Kumhar, Aged About 46 Years, R/o Shree Mahaveer Transport Nagar, Tehsil Bhilwara, District Bhilwara, (Raj)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. State Of Rajasthan, Through District Collector, Chittorgarh.

3. Rajendra Singh S/o Sh. Sohan Singh Sisodiya, Resident Of Kesar, P.s. Kelwada, District Rajsammad, Presently Resident Of Aajoliyo Ka Kheda, P.s. Gangrar, District Chittorgarh.

4. Smt. Mangi Bai Salvi W/o Sh. Jaggannath, Resident Of Aajoliyo Ka Kheda, P.s. Gangrar, District Chittorgarh.

5. Manoj S/o Sh. Jaggannath, Resident Of Aajoliyo Ka Kheda, P.s. Gangrar, District Chittorgarh.

----Respondents For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mr. Shree Ram Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

16/01/2026

1. Heard the learned counsel for the petitioner and gone through the orders under challenge dated 12.06.2024 and

09.07.2025.

2. In a nutshell, the facts emanating are that the petitioner’s vehicle was intercepted by police in connection with contravention of penal provisions of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. The vehicle was seized by the police. The petitioner was not accused in that case but a registered owner of the vehicle, thus, as per the provisions contained under section 6-A of Rajasthan Bovine Animal Act (RBA Act), he moved an application before the District Magistrate, Chittorgarh for releasing the vehicle which though came to be allowed vide order dated 12.06.2024 but the petitioner has been directed to make payment of Rs.2,50,000/- as a fine.

2.1 Aggrieved thereby, the petitioner preferred Appeal No. 1/2024 before the Divisional Commissioner, Udaipur, which too came to be dismissed, thereby affirming the order passed by the District Collector, Chittorgarh.

3. This Court finds it difficult to comprehend as to how a fine could be imposed upon a person who invokes Section 6-A of the Act purely in the capacity of a registered owner seeking release of his vehicle, particularly when he is not an accused in the criminal case. It is a settled and undisputed principle of criminal jurisprudence that every accused is presumed to be innocent until his guilt is established by a Court of competent jurisdiction. In the present case, even the accused persons have only been charge- sheeted and the trial has not yet commenced. I am of the view that imposition of fine by the learned District Collector and its affirmation by the learned Divisional Commissioner is dehors to the principles of law and criminal jurisprudence and cannot be sustained.

4. Accordingly, the instant writ petition is allowed.

5. The order under challenge dated 12.06.2024 and the order dated 09.07.2025 are modified to the extent it relates to a direction against the petitioner for deposition of the amount. The vehicle shall be released upon furnishing Supurdginama and surety as directed but the petitioner would not require to deposit the fine amount as directed.

(FARJAND ALI),J

14-divya/-