[2025:RJ-JP:44034] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1405/2024 M/s. Balaji Trading Company, Padli, Tehsil Sikrai, District Dausa Through Proprietor Bheem Singh Son Of Vijendra Singh, Resident Of Khedisheesh, Tehsil Hindaun, District Karauli. ----Petitioner Versus 1. The State Of Rajasthan, Through P.P. 2. District Supply Officer, Dausa, District Dausa. ----Respondents For Petitioner(s) : Mr. Nitin Jain, Advocate For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. G.A. HON'BLE MR. JUSTICE BHUWAN GOYAL Order 03/11/2025 This Cr. Revision Petition has been filed by the petitioner against the judgment dated 31.7.2024 passed by Sessions Judge, Dausa in Cr. Appeal No. 61/2024, whereby the appeal filed by the petitioner has been dismissed which was filed against the judgment dated 2.7.2024 passed by District Collector, Dausa in Application No. 2/2002, by which he partly allowed the application filed by the State through District Supply Officer and confiscated the seized articles alongwith Tanks and directed the District Supply Officer to sell the seized articles and goods in the open market as per rate and the recovered amount be deposited in Government treasury. Learned counsel for the petitioner submits that the petitioner is a Proprietorship firm in the name and style of M/s. Balaji Trading Company situated at Padli Sikrai, District Dausa and [2025:RJ-JP:44034] (2 of 3) [CRLR-1405/2024] indulged in the business of industrial Oil, Waste Oil, Surry (Lavsa), Bitumen Tarcol, Black Oil, all type of chemical and tyre oil etc. and having its GST registration No. He further submits that the petitioner was falsely implicated in a case, in which FIR No. 260/2022 was registered for the offence under Section 395 IPC. He further submits that at the time when the search was conducted, the petitioner was in judicial custody and in the absence of the petitioner or his known person, the alleged samples were purportedly taken from the premises of the petitioner, whereas the alleged samples do not belong to the petitioner. He further submits that as per FSL report dated 23.12.2002, the sample collected from the petitioner’s premises do not confirm the specifications prescribed for Diesel Fuel. He further submits that the District Collector, Dausa vide his judgment dated 2.7.2024 partly allowed the application and denied to release the seized goods and articles and ordered to confiscate the same. He further submits that the petitioner filed an appeal before the District Judge, Dausa alongwith an application for re-testing of the samples from the goods and articles seized by the respondent no.2. The District Judge, Dausa heard the arguments on the appeal and vide its judgment dated 31.7.2024 dismissed the same, but no order was passed on the application dated 19.7.2024 filed by the petitioner for re-testing of the samples. Thus, the application dated 19.7.2024 filed by the petitioner for re-testing of the samples is still pending undecided. He has prayed that the judgment dated 31.7.2024 passed by District Judge, Dausa may be set-aside and the District Judge, Dausa be directed to decide petitioner’s application as well. [2025:RJ-JP:44034] (3 of 3) [CRLR-1405/2024] Learned Addl. Government Advocate appearing for the State does not oppose the same. He further submits that he has no objection if the matter is remanded to the District Judge, Dausa with a direction to decide the petitioner’s pending application. Heard learned counsel for the parties. Taking into consideration the facts and circumstances of the case and in view of the fact that application filed by the petitioner for re-testing of the samples is still pending undecided and in view of the consent of learned counsel for both the parties, the judgment dated 31.7.2024 passed by District Judge, Dausa in Cr. Appeal No. 61/2024 is set-aside and the matter is remanded to the District Judge, Dausa to decide the appeal alongwith the application filed by the petitioner for re-testing of the samples expeditiously in accordance with law. Both the parties are directed to appear before District Judge, Dausa on 24.11.2025. A copy of this order be also sent to the District Judge, Dausa for information and compliance. The Criminal Revision Petition and the pending application(s), if any, stand disposed of accordingly. (BHUWAN GOYAL),J DK/35