Allowed

Babulal v. State of Rajasthan

Rajasthan HC5 Feb 2021CRLMP/765/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition seeking release of a tractor and trolley from police custody. The petitioner was directed to submit personal security, provide vehicle photographs, and give an undertaking against illegal use. The impugned order was quashed except where the vehicle was lawfully confiscated under a relevant Act, per Laxman case.

What did the court decide?

The offending tractor and trolley were directed to be released to the registered owner upon submission of personal security, photographs, and an undertaking against illegal use. The impugned order was

Babulal Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Criminal Misc(Pet.) No. 765/2021

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Babulal S/o Shri Panchulal Meena, Aged about 42 years, Resident of Bei, P.S. Shakkargarh, Tehsil Jahjpur, Dist.- Bhilwara.

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----Petitioner

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Versus

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The State of Rajasthan

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----Respondent

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For Petitioner(s) : Mr. Ankit Prakash Singh For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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05/02/2021

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

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[CRLMP-765/2021]

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(2 of 2)

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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 Chasis No.CZJ9G798982S3 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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However, it is made clear that if vehicle(s) has been confiscated under the relevant provisions of the Act, then said vehicle(s) shall not be released by the concerned Magistrate. Keeping in view of law laid down in the case of Laxman Versus State of Rajasthan: DB Criminal Misc. Petition No.60/2018 decided on 6.4.2018.

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(SANJEEV PRAKASH SHARMA),J

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NITIN/C-3

Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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