Arjun Lal vs State of Rajasthan

Ashok Parihar, J.—The vehicle of the petitioner was seized by the Mobile Magistrate on the ground of carrying passengers for commercial gain without valid permit from the Regional Transport Authority. The petitioner filed an application under Sections 451 and 457, Cr.P.C. before the Mobile Magistrate seeking interim custody of the vehicle against ''Supardginama''. The application was rejected by the concerned Magistrate vide order dated 8-8-97 along with five more similar applications. The Magistrate while relying on a judgment of this Court in S.B. Cr. Misc. Petition No. 675/97 (State v. Mohd. Nisar) decided on 17-7-97 held that he has no powers to release the vehicle on ''Supardginama'' in a case where the alleged offence is u/s 207 of the Motor Vehicles Act.

The provisions of Motor Vehicles Act, 1988 and Section 457, Cr.P.C. have again come up for consideration before this Court in case of Noor Khan v. State of Rajasthan 1998 C LR 307 . While taking note of various provisions of Motor Vehicles Act as well as Criminal Procedure Code this Court also distinguished the earlier judgment in Mohd. Nisar''s case (supra). The Court while relying on a judgment of Apex Court in the case of The Transport Commissioner, Andhra Pradesh, Hyderabad and Another Vs. S. Sardar ali, Bus Owner, Hyderabad and Others, held that jurisdiction of criminal Court to entertain the application u/s 457, Cr.P.C. is not ousted in view of specific provisions in Section 207 of the Motor Vehicles Act. After having carefully gone through the judgment of this Court in Noor Khan''s case (supra), I find justification to take a contrary view.

Accordingly, the petition succeeds and is hereby allowed. The impugned order dated 8-8-97 so far as application of petitioner in Case No. 144/97 is set aside. The case is remitted back to the Special Judge (Mobile) Cum Additional Chief Judicial Magistrate, Udaipur to decide the application u/s 457, Cr.P.C. afresh on furnishing certified copy of this order. The learned Magistrate is expected to decide the petition expeditiously after giving a short notice to State.