HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9698/2021

Ajeet Singh S/o Shri Sawai Singh, R/o 14-A, Shiv Vihar-C Colony

Sirsi Road, Meenawala, Panchyawala, Jaipur, Rajasthan.

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Anshuman Saxena

For Respondent(s)

:

Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA (V.J.)

Order

21/06/2021

Learned Public Prosecutor opposes the bail application on the

ground of maintainability u/s 438 Cr.P.C. stating that the FIR is

registered u/s 19/ 54 of the Rajasthan Excise Act.

However, learned counsel for the petitioner submits that the

only allegation against the petitioner is based on the provision of

Section 54-A as the petitioner is registered owner of the vehicle

and the petitioner had already sold the vehicle to another.

Learned counsel therefore submits that the bail application

would be maintainable and the petitioner ought to be released on

bail.

I have considered the submissions.

The provision of Section 54-A reads as under:

“54-A. Owner of animal, cart, vessel, raft, motor vehicle

or any other means of conveyance deemed to be guilty

in certain cases.- Where any animal, cart, vessel, raft,

motor vehicle or any other means of conveyance is

(2 of 2)

[CRLMB-9698/2021]

used in the commission of an offence under this Act,

and is liable to confiscation, the owner thereof, except

in case of a motor vehicle or other means of

conveyance being owned by the Central Government or

any State Government or any of their undertaking, shall

be deemed to be guilty of such offence and such owner

shall be liable to be proceeded against and punished

accordingly unless he satisfies the Court that he had no

reason to believe that such offence was being or likely

to be committed and he had exercised due care in the

prevention of the commission of such an offence. “

Thus, a person who is the owner of the motor vehicle will be

deemed to be guilty of offences for which the case is registered.

The case is registered u/s 19/54 of the Act.

Section 49(2) of the Excise Act, 1950 reads as under:-

“(2) Nothing in Sec. 438 of the Code shall apply

in relation to any case involving the arrest of any

person on an accusation of having committed an

offence punishable under the proviso to Sec. 54, or

under Secs. 54-B, 54-D or 56 of this Act.”

Since the petitioner is the registered owner of the motor

vehicle, the deeming clause makes it as the case u/s 19/54 of the

Act and therefore, the bar contained u/s 49(2) relating to

maintainability of anticipatory bail shall apply to the petitioner.

In view thereof, the present bail application is held to be not

maintainable and the same is accordingly dismissed.

(SANJEEV PRAKASH SHARMA (V.J.)),J

Anu /397