Disposed

Rajesh Dayma Son of Shri Dayaram Dayma, v. State of Rajasthan

Rajasthan HC20 Oct 2021CRLMP/1242/2021

Case brief

AI extract

What is this about?

Petitioner sought liberty to approach the Excise Commissioner for release of his vehicle seized during an excise raid. Court allowed liberty under Section 69(6) of the Rajasthan Excise Act, 1950, directing Commissioner to consider relevant factors.

What did the court decide?

Liberty given to petitioner to approach Excise Commissioner for release of vehicle under Section 69(6) of the Rajasthan Excise Act, 1950.

Rajesh Dayma Son of Shri Dayaram Dayma, Vs State of… — Property and Title | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.1242/2021

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Rajesh Dayma Son Of Shri Dayaram Dayma, Resident Of Bad Gurjar (156) Gurugram, Haryana, At Present Resident Of Milakpur Gurjar, Police Station Bhiwadi, Tehsil Tijara, District Alwar (Raj).

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----Petitioner

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Versus

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State of Rajasthan, through P.P.

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The Commissioner of Excise, Udaipur (Rajasthan).

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Additional Excise Commissioner, Zone Jaipur (Raj).

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S.H.O. Excise Police Station Bhiwadi, District Alwar (Raj).

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----Respondents

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For Petitioner(s) : Mr.Surendra Singh Sunda, Adv. For Respondent(s) : Mr.F.R. Meena, Public Prosecutor.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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20/10/2021

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Learned counsel for the petitioner submitted that the petitioner is a registered owner of vehicle—Car Creta having Registration No.HR-26-EB-4141.

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Learned counsel submitted that the petitioner came to be implicated in a criminal case—FIR No.64/2019-20 dated 19.09.2019 registered at Excise Police Station Bhiwadi, District Alwar with an allegation that vehicle of the petitioner was carrying certain quantity of liquor.

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Learned counsel submitted that the petitioner, after his arrest for offence under Section 54-A of the Rajasthan Excise Act,

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(2 of 3)

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[CRLMP-1242/2021]

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1950 (hereafter ‘the Act of 1950’), was released on bail under Section 437 of Cr.PC.

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Learned counsel submitted that the petitioner had made an application before the Additional Excise Commissioner, Zone Jaipur, for releasing his vehicle and vide order dated 07.09.2020, the penalty of Rs.7,74,000/- was imposed and after that, the possession of the vehicle was to be given to the petitioner.

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Learned counsel submitted that the petitioner had challenged the said order dated 07.09.2020, imposing the penalty, by way of filing the appeal and the same was dismissed vide order dated 03.12.2020.

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Learned counsel submitted that the petitioner had preferred a Revision Petition alongwith stay application before the Tax Board, Ajmer and on 18.01.2021 while deciding the stay application of the petitioner, the recovery of aforesaid penalty was stayed, but as far as interim relief for release of vehicle was concerned, the same was declined in view of provisions contained in Section 69 (6) of the Act of 1950.

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Learned counsel submitted that since now stay order has been passed by the Rajasthan Tax Board, at least, liberty may be given to the petitioner to approach the Excise Commissioner to exercise his power under Section 69 (6) of the Act of 1950.

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Learned Public Prosecutor has no objection on such statement being made by counsel for the petitioner.

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This Court, disposes of, the present criminal misc. petition, by giving liberty to the petitioner to approach the Excise Commissioner for releasing of the Vehicle in question on supurdnama as per power conferred under Section 69 (6) of the

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(3 of 3)

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[CRLMP-1242/2021]

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Act of 1950. The Excise Commissioner is also directed to take into account the relevant factors while exercising his power and accordingly, pass order as per law.

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(ASHOK KUMAR GAUR), J

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Himanshu Soni/Parul/19

Rajesh Dayma Son of Shri Dayaram Dayma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Dayma Son of Shri Dayaram Dayma, v. State of Rajasthan

Case brief

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What did the court decide?

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