Govind Mathur, J. - (1.) A police team of Police Station Karoi, District Bhilwara recovered certain excise articles from a Maruti Omni Van bearing No. RJ -06/U -0735, vehicle aforesaid was driven by Shri Rajendra Kumar.
(2.) A case as per provisions of Sections 14/54 and 19/54 of the Excise Act was registered. During the course of investigation accused Rajendra Kumar informed that the excise articles were transferred to Maruti Omni Van from a Jeep Mahindra DI No. RJ -06/UA1320. On basis of the information given the jeep aforesaid was seized by the investigating agency. On completion of entire investigation a police report was filed before the competent court and two persons viz. Rajendra Kumar and Chanda Bai were charge sheeted. The present Petitioner, who is owner of Jeep No. RJ -06/UA -1320 is cited in the case aforesaid as witness by the prosecution. The Petitioner being owner of the vehicle submitted an application as per provisions of Section 457 Code of Criminal Procedure to avail possession of the jeep on 'supurdginama'. Learned trial court rejected the application vide order dated 16.3.2011 being lacking jurisdiction in light of the provisions of Section 69(2 -B) of the Rajasthan Excise Act, 1950 (hereinafter referred to as the "Act of 1950"). A revision petition giving challenge to the order aforesaid also came to be rejected on 14.6.2011, hence this misc. petition is preferred.
(3.) THE submission of counsel for the Petitioner is that the vehicle owned by the Petitioner was not at all carrying any excisable article, thus, the provisions of Section 69(2 -B) of the Act of 1950 are not applicable.;