Nisha Gupta, J. - (1.) This misc. petition under Section 482, Cr.P.C. has been filed against the order dated 19.9.2011 and 10.1.2011 whereby the application for release of the jeep bearing registration No. RJ 22C 1905 has been dismissed.
(2.) The contention of the present petitioner is that the jeep in question was never found transported any liquor. No recovery of any liquor has been made from the impugned jeep and Section 69(2-B) of Rajasthan Excise Act, 1950 has no application on the present case.
(3.) Short facts of the case are that on the basis of information, the S.H.O. Sanderao reached the residential house of Indra Singh and when the police party reached the house of co-accused Indra Singh, it was found that Indra Singh was unloading the liquor cartons from the trolley of tractor bearing registration No. RJ 22 R 0221. Certain liquor cartons were recovered from the tractor trolley and also from the house of co-accused Indra Singh. A case was registered for the offence under Section 19/54 of the Rajasthan Excise Act. Thereafter, during investigation, on the information of co-accused, the present petitioner has been arrested and on the information of the present petitioner, jeep bearing registration No. RJ 22C 1905 has been seized and charge-sheet has been filed against the present petitioner and co-accused Indra Singh.;