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2025 DAILYLAW 31548 (RAJ)

MUNIM KHAN S/O SH. AJMERI KHAN v. STATE OF RAJASTHAN

CRLMP/6810/2024 · 2025-04-15

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:16157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6810/2024 Munim Khan S/o Sh. Ajmeri Khan, R/o Islampura, Tehsil- Diggi, District Tonk (Raj). Owner Of Vehicle Truck Trailer Tata- Registration No. NL-01, AH-3620. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Atul Kumar Jain, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/04/2025 1. This criminal miscellaneous petition under Section 528 of B.N.S.S, 2023 has been filed seeking modification of the order dated 10.09.2024 passed by District Collector, Jhalawar in Application No.23/2024 filed by the petitioner to release the seized vehicle Truck Trailer Tata- Registration No. NL-01 AH-3620 in connection with the FIR No.110/2024 registered at Police Station Asnawar, District Jhalawar for the offences punishable under Sections 3, 5, 6, 8 & 9 of The Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. 2. Learned District Collector, Jhalawar vide order dated 29.04.2024 has ordered to release the vehicle-in-question on supurdagi on depositing a fine of Rs.10,00,000/- (Rupees Ten [2025:RJ-JP:16157] (2 of 2) [CRLMP-6810/2024] Lacs) by the petitioner in the tresaury, failing which the vehicle-in- question has been directed to be confiscated. 3. Learned counsel for the petitioner submits that the petitioner is a registered owner of the vehicle-in-question. Learned counsel also submits that the vehicle is for the personal use of the petitioner. Though, by the impugned order District Collector, Jhalawar has ordered to release the vehicle in favour of the petitioner, however, he has imposed a fine of Rs.10 Lacs, which the petitioner is unable to pay as he is a poor person, therefore, the impugned order be modified and the condition of depositing of fine be waived. 4. On the other hand, learned Public Prosecutor has opposed the petition. 5. Heard and perused the relevant material available on record. 6. Taking into consideration the facts and circumstances of the case, the order dated 10.09.2024 passed by the District Collector, Jhalawar is modified and a fine of Rs.10 Lacs imposed by the District Collector, Jhalawar is waived. Remaining part of the order dated 10.09.2024 shall remain the same. 7. In view of the above, the miscellaneous petition is disposed of. 8. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /50