Allowed

Chotu Lal S/O Shri Kalyan v. State of Rajasthan

Rajasthan HC21 Nov 2020CRLMP/1368/2020

Case brief

AI extract

What is this about?

The High Court allowed a petition seeking the release of a seized tractor and trolley kept in police custody to prevent rusting, subject to the deposit of security and furnishing of particulars.

What did the court decide?

Release of tractor and trolley to the owner upon depositing Rs.1,00,000/- security; furnishing photographs; undertaking not to use for illegal purposes.

Chotu Lal S/O Shri Kalyan Vs State of Rajasthan — Property and Title | Rajasthan HC (2020)

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(1 of 2)

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[CRLMP-1368/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1368/2020

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Chotu Lal S/o Shri Kalyan, By Caste Nath, R/o Gram Karola, Police Station Baroni, District Tonk (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Mohit Balwada For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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21/11/2020

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Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserve to be released as it would get rusted and spoiled, if it is remained in the police custody.

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I have considered the submissions as above.

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In the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat : (2002) 10 SCC 283 , the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as he get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc. Petition No. 397/2020 : Julfi

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(2 of 2)

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[CRLMP-1368/2020]

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Singh Versus State of Rajasthan , along with other connected petitions.-

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Keeping in view the above, this petition is allowed with the following terms:

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a) The concerned Police Station shall release the offending vehicles – Tractor bearing registration No.RJ-09-RC-3201 along with Trolley to the person, who is the registered owner of the said vehicles.

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b) A personal security of an amount of Rs.1,00,000/- each to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted by the petitioner for the purpose of release of the vehicles.

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c) The petitioner shall furnish the photographs of the vehicles showing their numbers and colour etc.

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d). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.

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The order passed by the Court below is accordingly quashed and set aside.

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(SANJEEV PRAKASH SHARMA),J

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NITIN /652

Chotu Lal S/O Shri Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chotu Lal S/O Shri Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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