Allowed

Poonma Ram v. State of Rajasthan

Rajasthan HC12 Feb 2021CRLMP/912/2021

Case brief

AI extract

What is this about?

The High Court allowed connected criminal miscellaneous petitions seeking release of impounded diesel tankers attached under Section 6 of the Essential Commodities Act. The court directed the trial court to release the vehicles provided the petitioners furnished a bank guarantee.

What did the court decide?

Directed trial court to release impounded tankers upon submission of bank guarantee of Rs. 5,00,000/- per vehicle.

Poonma Ram Vs State of Rajasthan — Property and Title | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 912/2021

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Poonma Ram S/o Narsinga Ram, Aged About 43 Years, By Caste Jat, R/o Madpura Barwala, Tehsil Baytu, District Barmer (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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----Respondent

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Connected With

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S.B. Criminal Misc(Pet.) No. 913/2021

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Bagta Ram S/o Shri Bhikha Ram, Aged About 45 Years, By Caste Jat, R/o Huron Ki Dhani, Gudamalani, Tehsil Gudamanali, District Barmer (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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----Respondent

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S.B. Criminal Misc(Pet.) No. 914/2021

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Mana Ram S/o Jagmala Ram, Aged About 50 Years, By Caste Bishnoi, R/o Chainpura (Arniyali), Tehsil Dhorimanna, District Barmer (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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----Respondent

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S.B. Criminal Misc(Pet.) No. 915/2021

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Mehra Ram S/o Mana Ram, Aged About 40 Years, By Caste Jat, R/o Sarnu, Tehsil And District Barmer (Raj.) Power Of Attorney Holder Pf Owner Shri Kewa Ram S/o Maga Ram, By Caste Kalbi, R/o Dedavaas Jangir, Tehisl Gudamalani, District Barmer (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

----Respondent

(2 of 3)

[CRLMP-912/2021]

For Petitioner(s) : Mr. Govind Lal For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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12/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioners have preferred these petitions praying that the order dated 16.12.2020 & 08.07.2019 passed by learned Special Judge ,Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Barmer in Sessions Case No.337/2017 (103/2017), be set aside, whereby the said court refused to release the Tankers bearing registration Nos.RJ-04 GA-6777, RJ04 GB 0535, RJ-04 GB-1345 and RJ-04 GB-0692 to the petitioners.

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Learned counsel for the petitioners has relied upon the judgment rendered by the Hon’ble Apex Court in Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Learned counsel for the petitioners further submits that the District Collector has already passed an order of not releasing the vehicles in accordance with Section 6 of Essential Commodities Act. He also submits that the competent court has also refused to release the vehicles in question.

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(3 of 3)

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[CRLMP-912/2021]

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Learned Public Prosecutor opposes and submits that if at all

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the vehicles are to be release then subject to the final outcome, certain bank guarantee may be directed to be submitted by the petitioners so that in case, any penalty has to be implemented at the end of the proceedings, the same can be discharged out of the bank guarantee.

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Relying upon the judgment of Supreme Court in the case of Sunderbhai Ambalal Desai (supra) , the present misc. petitions are allowed and the trial court is directed to release the Tankers bearing registration Nos..RJ-04 GA-6777, RJ-04 GB 0535, RJ-04 GB-1345 and RJ-04 GB-0692 in favour of petitioners on usual conditions, which the trial court deems fit, provided they furnish a bank guarantee of Rs.5,00,000/- per diesel tanker before the learned trial court. The bank guarantees in question shall be subject to the final outcome of the proceedings before the learned trial court, and in case, any financial liability is created upon the petitioners out of the proceedings, the same may be discharged out of these bank guarantees by the learned trial court at its discretion.

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Needless to say, trial court shall make verification that the petitioners are registered owners of the vehicles in question.

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(DR.PUSHPENDRA SINGH BHATI),J.

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179-182-Sudheer/-

Poonma Ram v. State of Rajasthan

Case brief

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Poonma Ram v. State of Rajasthan

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