Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 19/2025
1. Jamshed S/o Kasam, Aged About 30 Years, R/o Sahsan, Police Station Jurhera, District Bharatpur (Presently District Deeg), Rajasthan.
2. Hakam @ Deen Mohammad S/o Shri Ishak, aged about 32 years, R/o Thoon, Police Station Nagar, District Bharatpur (Presently District Deeg), Rajasthan.
3. Shaukeen S/o Shri Rahmat, Aged About 30 Years, R/o Amruka, Police Station Kaithwara, District Bharatpur (Presently District Deeg), Rajasthan.
4. Shakir S/o Shri Akhtar Hussain, Aged About 32 Years, R/o Somka, Police Station Pahadi, District Bharatpur (Presently District Deeg), Rajasthan.
5. Kasam S/o Jumma, Aged About 56 Years, R/o Mandor, Police Station Pahadi, District Bharatpur (Presently District Deeg), Rajasthan. ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Mohd. Aslam, Adv. For Respondent(s) : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 09/01/2025
1. This Criminal Miscellaneous Petition has been filed under Section 528 of BNSS, 2023 against the order of District Collector, Deeg dated 28.11.2024 by which the District Collector while ordering the release of Vehicle No. RJ-05-GB-6381 has imposed a fine of Rs.4,00,000/- to Jamshed, who is the registered owner of the vehicle, a fine of Rs.5,00,000/- has been imposed to the registered owner-Hakam of Vehicle No. RJ-29-GB-0706, a fine of Rs.3,00,000/- has been imposed to the registered owner-Shakir of vehicle No. RJ-05-GA-5859, a fine of
[2025:RJ-JP:1286] (2 of 2) [CRLMP-19/2025] Rs.3,50,000/- has been imposed to the registered owner-Shaukeen of Vehicle No. HR-74-A-6951 & a fine of Rs.2,50,000/- has been imposed to the registered owner-Kasam of Vehicle No. HR-74-6954.
2.
Learned counsel for the petitioners submits that the petitioners are the owner of the vehicles-in-question. The vehicles were seized by the Police on 23.11.2022, since then, vehicles are lying in the police station and are getting deteriorated. Learned counsel also submits that vehicles are of the personal use of the petitioners. Though, by the impugned order District Collector, Deeg has ordered to release the vehicles in favour of the petitioners, however, he has imposed a fine in lacs of rupees, which the petitioners are unable to pay as they are poor persons, therefore, the conditions of depositing of fine be waived.
3. Learned Public Prosecutor has opposed the contentions of learned counsel for the petitioners.
4. Heard learned counsel for the parties and perused the material available on record.
5. Taking into consideration the facts and circumstances of the case, the order of the release of the vehicles of the petitioners dated 28.11.2024 passed by the District Collector, Deeg is modified and condition of imposition of fine is quashed. Rest of the conditions imposed by the District Collector, Deeg shall remain the same.
6. With the above directions, this petition is disposed of.
7. Pending application(s) also stands disposed of.
(ASHUTOSH KUMAR),J Mohita /12