Allowed

Bhoor Singh v. State

Rajasthan HC27 Jan 2021CRLR/131/2020

Case brief

AI extract

What is this about?

This revision petition challenging an order refusing release of impounded diesel tankers was allowed. The High Court directed the trial court to release the vehicles on usual conditions provided the petitioners furnish a bank guarantee of Rs.5,00,000/- per tanker.

What did the court decide?

Directions to release diesel tankers on usual conditions upon furnishing a bank guarantee of Rs.5,00,000/- per vehicle.

Bhoor Singh Vs State — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 131/2020

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Bhoor Singh S/o Jugat Singh, Aged About 40 Years, B/c Rajpurohit, R/o Village Mahabar, P.s. Sadar Barmer, Barmer.

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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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Connected With

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S.B. Criminal Revision Petition No. 132/2020

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Gautam Singh S/o Kaan Singh, Aged About 33 Years, B/c Rajpurohit, R/o Village Mahabar, P.s. Sadar Barmer, Barmer.

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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. Siddharth Karwasra For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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27/01/2021

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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 revision petitions praying that the order dated 09.01.2020 passed by learned Special Court, Scheduled Caste and Scheduled Tribe (Removal of Atrocities Cases), Barmer in Sessions Case No.337/2017 (103/17), be set aside, whereby the said court refused to release the Diesel Tankers bearing registration Nos. RJ04 GA 3348, RJ04 GA 5428, RJ19 GA 4574, RJ04 GA 6019, RJ19 GE 7719 and RJ19 GD 9949 to the petitioners.

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(2 of 3) [CRLR-131/2020]

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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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Learned Public Prosecutor opposes and submits that if at all 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 Diesel Tankers bearing registration Nos. RJ04 GA 3348, RJ04 GA 5428, RJ19 GA 4574, RJ04 GA 6019, RJ19 GE 7719 and RJ19 GD 9949 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

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(3 of 3)

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[CRLR-131/2020]

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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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170-171 Zeeshan

Bhoor Singh v. State

Case brief

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What did the court decide?

Bhoor Singh v. State

Case brief

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