[2025:RJ-JP:5725] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 5862/2024 Aman Khurana S/o Shri Satish Khurana, R/o Shamgarh, District Mandsore (Madhya Pradesh). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Mohd. Rahil Kalam For Respondent(s) : Mr. Rishi Raj Rathore, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/02/2025 1. This instant criminal misc. petition under Section 528 of BNSS has been filed by the petitioner, challenging the order dated 11.06.2024 passed by the Court of learned Additional Chief Judicial Magistrate, Choumehla, District Jhalawar, dismissing petitioner’s application under Section 451 Cr.P.C. (Section 497 BNSS) to release the seized liquor in connection with FIR No.48/2024 registered at Police Station Unhell Nageshwar District Jhalawar for the offences punishable under Section 19/54 of the Rajasthan Excise Act, 1950. 2. During course of argument, learned counsel for the petitioner admits that in view of Section 69(2)(B) of the Rajasthan Excise Act, 1950, jurisdiction to make an order with regard to possession, delivery, disposal and release of any excisable article has been entrusted to the District Excise Officer and the jurisdiction of Court, Tribunal or other authority has been ousted, therefore, [2025:RJ-JP:5725] (2 of 2) [CRLMP-5862/2024] petitioner has a remedy to approach before the concerned District Excise Officer seeking to release the seized excisable article (liquor herein). 3. Since in the present case, petitioner moved an application under Section 451 Cr.P.C. before the Judicial Magistrate, which has been dismissed by the Magistrate for want of jurisdiction vide order impugned, therefore, counsel for petitioner does not press this petition on merits and seeks liberty to move appropriate application before the concerned District Excise Officer in view of Section 69(2)(B) of the Act of 1950. 4. In view of above, instant petition stands disposed of with liberty as prayed for. 5. It is hereby observed that the Judicial Magistrate has not passed the order impugned on merits, therefore, same would not come in way of petitioner for deciding his application to release the excisable article on supurdagi, if moved before the concerned District Excise Officer. 6. If any application is moved before the concerned District Excise Officer, same may be considered and disposed as early as possible in accordance with law. 7. Stay application and other pending application(s), if any, stand disposed of. (GANESH RAM MEENA),J DIVYA SAINI /66