Shiv Kumar Sharma, J. - (1.) Instant miscellaneous petition impugns the order dated December 10, 1997 of the Additional Civil Judge (Junior Division) and Judicial Magistrate No.1 Dholpur, whereby the application purporting to have been filed under section 457 Cr.PC. was dismissed.
(2.) Brief resume of the facts is that transport department on November 29, 1997 seized Truck No. M.K.W. 7581 belonging to the petitioner on the ground that it was found plying without Registration Certificate OTT (one time Tax). The petitioner submitted an application for releasing the said truck before the learned Magistrate. The said application was dismissed by the learned court below placing reliance on State of Rajasthan v. Mohd. Nisar (S.B. Criminal Misc. Petition No. 675 of 1995), decided on 17th July, 1997.
(3.) I have heard Mr. Anil Jain, learned counsel appearing for the petitioner and Mr. S.R. Yadav, learned Government Advocate and carefully analysed the legal position.;