HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 6219/2021

Ali Mohammed S/o Shri Jagmaal, R/o Village Lawan, Tehsil

Nagar, District Bharatpur (Raj). Through Power Of Attorney

Holder Shri Jamshed S/o Shri Subhan Khan, R/o Mohammedpur,

Ramgarh, District Alwar.

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. Vijay Singh

For Respondent(s)

:

Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2021

Learned counsel for the petitioner submits that the

petitioner is a registered owner of the vehicle bearing registration

No.RJ32-UA-1652 which came to be seized by SHO, P.S. Jurhara

(Bharatpur) under Section 38 of the Police Act as unclaimed

property, he filed application for release of the said vehicle before

the Court of ACJM No.2, Kama (Bharatpur) but the same had been

dismissed vide order dated 04.06.2021 saying that the Court has

no jurisdiction to entertain the said application since the

jurisdiction to release the vehicle under Section 38 of the Police

Act is vested with Superintendent of Police, Bharatpur.

This Court vide order dated 01.10.2021 directed the

learned Public Prosecutor to procure specific report from the

Superintendent of Police, Bharatpur regarding seizure of the

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[CRLMP-6219/2021]

vehicle and the reasons for which the vehicle has not been

released so far.

Today, the learned Public Prosecutor has submitted a

report saying that the application for the release of the vehicle has

not been filed by the petitioner in person rather it was filed by the

power of attorney holder of the registered owner therefore, the

same was not entertained. There is no provision under the Police

Act to retain any vehicle for which a claim has been made by the

true owner for releasing the vehicle in his favour. It is admitted

position that the petitioner has moved an application through his

power of attorney holder for the release of the vehicle on

furnishing sureties, the document i.e. Registration Certificate has

also been submitted but strangely his prayer has not been

acceded till date.

It’s a sorry state of affair. The Superintendent of Police,

Bharatpur is directed that after ascertainment of the genuineness

of the document, the vehicle in question shall be handed over to

the petitioner on furnishing the bond and surety of Rs.5 Lakh

within one week from the receipt of the order.

The Criminal Misc. (Petition) is accordingly allowed.

(FARJAND ALI),J

KuD/70