SHANKAR SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1999-2-66
HIGH COURT OF RAJASTHAN
Decided on February 19,1999

SHANKAR SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

MOHD YAMIN, J. - (1.) BY this petition the petitioner has challenged the order of learned Sessions Judge, Rajasamand by which he confirmed the order of learned Magistrate, Railmagra and refused to release the vehicle on 'supurdginama'.
(2.) LEARNED counsel for the petitioner submitted that this Court in various decisions has held that the vehicle should not be kept at the police stations and should ordinarily be released on 'supurdginama' as there is no arrange­ment to keep the vehicles in good condi­tions at police stations. He has, therefore, prayed that the vehicle may be released. Learned P.P. has opposed the peti­tion on the ground that as many as 8490 pouches of liquor were found in the mini truck No. RJ-30-G-0032 and the Maruti Car which was ahead of the truck to protect it, did not stop at the signals of the police. The truck could be caught with great difficulty but the Maruti Car could not be apprehended. He submitted that the truck will be again used for transpor­tation of liquor.
(3.) THE petitioner is the owner of the truck. If the police could noi be apprehend the driver of the truck or could not ap­prehend the Maruli Car, it shows the slack-ness of the police itself. The truck should not be allowed to be wasted while lying at the police station as it will amount to na­tional loss. Admittedly, there is no arran­gement at the police station to park and keep in good condition.;


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