Disposed

Guraditta Singh v. State of Rajasthan

Rajasthan HC5 Aug 2022CRLMP/4269/2022

Case brief

AI extract

What is this about?

Revised petition invoking inherent power to challenge affirmation of order upholding seizure of driving license and registration certificate for alleged road tax. Court did not decide merits of tax but ordered petitioner to furnish surety for immediate release of documents.

What did the court decide?

Petitioner directed to furnish two solvent sureties of Rs. 1,05,000 to get released the seized driving license and registration certificate.

Guraditta Singh Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4269/2022

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Guraditta Singh S/o Shri Bhola Singh, Aged About 40 Years, B/c Majbi Sikh R/o Ward No. 9 Kalwasia @ Behrampur Bodla Tehsil Sadulsahar Dist. Sri Ganganagar

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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. S.D. Goswami For Respondent(s) : Mr. Sudhir Tak, GA-cum-AAG

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JUSTICE DINESH MEHTA Order

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05/08/2022

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By way of invoking the provision of Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’), the petitioner has challenged the order dated 17.05.2022 passed by learned Additional Sessions Judge No.1, Hanumangarh (hereinafter referred to as ‘the Revisional Court’) whereby, the order dated 09.03.2022 passed by the learned Judicial Magistrate, Hanumangarh has been affirmed.

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The facts apropos the relief claimed herein are that the petitioner’s car (registration No. HR 36 AG 8815 ) was intercepted by the District Transport Officer (DTO), Hanumangarh.

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During checking, the District Transport Officer was of the view that the petitioner was required to pay road tax and tax under Rajasthan Motor Vehicle Taxation Act to the State of Rajasthan, as the vehicle is/was plying in Rajasthan. He, therefore, prepared a case and seized petitioner’s driving license and Registration Certificate of the car.

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(2 of 3)

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[CRLMP-4269/2022]

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The petitioner, thus, moved an application under Section 451 of the Code and requested the trial Court to direct the District Transport Officer to release his driving license and the original registration certificate of the car which was seized on 01.02.2021.

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It was contended that an arbitrary amount of ₹1,03,830/has been disclosed by the DTO to be due without giving any basis or demand notice.

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Mr. S.D. Goswami, learned counsel appearing for the petitioner argued that the DTO was not justified in seizure of car’s registration certificate and driving license of the petitioner. While arguing that no tax is payable, he submitted that the petitioner is ready to furnish surety to the satisfaction of the District Transport Officer, however, his original certificate of registration and driving license be ordered to be released.

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Mr. Tak, learned Additional Advocate General submitted that demand in question has been rightly raised against the petitioner as his vehicle was plying in Rajasthan and if the petitioner feels aggrieved of the demand, he should prefer appeal against such demand.

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Be that as it may.

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Without going into the merits of demand raised by the respondent – State, the present petition is disposed of with a direction to the petitioner to furnish two solvent sureties (without bank guarantee) of ₹1,05,000/-.

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On furnishing the sureties, the District Transport Officer shall forthwith release the driving license and the original certificate of registration of the petitioner and serve upon him an assessment order/demand notice, against which the petitioner will have to prefer appeal or take other remedies within a period of 30 days.

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(3 of 3)

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[CRLMP-4269/2022]

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In case, the demand raised by the DTO is not set aside or stayed by 30.11.2022, the DTO shall be free to recover the amount by enforcing sureties so furnished by the petitioner.

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(DINESH MEHTA),J

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208-Arvind/-

Guraditta Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Guraditta Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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