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[2025:RJ-JP:29982] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3733/2025 Makasud S/o Mahardin, R/o Village Sare Kalan, District Alwar (Raj). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Junaid Khan for Mr. Asgar Khan For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/08/2025
1. Vide Order impugned dated 22.04.2025, passed by Additional Chief Judicial Magistrate, Todaraisingh, District Tonk, seized vehicle of petitioner Truck No. RJ40-GA-6365 has been declined to be released assigning the reason that the powers to release the vehicle, seized in connection with offences under the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for short, 'the Act of 1995) are vested with the competent authority.
2. In the Act of 1995, Section 2(g) defines the ‘Competent Authority’ which means Collector of a District and includes any other officer who may be Collector of a District or any authorized person by the State Government. Powers to release the conveyance to the competent authority have been prescribed under Section 6A of Act of 1995.
[2025:RJ-JP:29982] (2 of 2) [CRLMP-3733/2025]
3. Counsel for the petitioner, seeks permission to withdraw this petition with liberty to approach before the competent authority i.e. the concerned District Collector, seeking to release the vehicle in question.
4. Accordingly, the instant criminal misc. petition is disposed of with liberty as prayed for.
5. It is hereby observed that in case any such application is filed, the competent authority shall consider and decide the same, in accordance with law, expeditiously.
6. Stay application and pending application(s), if any, also stands disposed of.
(SUDESH BANSAL),J pcg/29