Rajasthan High Court

CRLMP/685/1998 of DHANNA RAM Vs STATE on 20 January 1999

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MISC. PETITION NO. 685/1998 Date : 20.04.2005 HON'BLE MR. B. PRASAD, J. Mr. H.R. Soni, P.P. Mr. R.K. Rathi for the respondents. = = = = = Heard. Learned Public Prosecutor appearing for the State candidly acepted that he is not in a position to inform the Court whether there was any assessment or

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S.B. CRIMINAL MISC. PETITION NO. 685/1998

Date : 20.04.2005

HON'BLE MR. B. PRASAD, J.

Mr. H.R. Soni, P.P.Mr. R.K. Rathi for the respondents.

= = = = =

Heard.

Learned Public Prosecutor appearing for the State candidly aceptedthat he is not in a position to inform the Court whether there was any assessment ornot. Apart from this, learned Public Prosecutor is not in a position to tell the Courtwhether there was any due tax against the respondents. In absence of these twofacts, it is not possible to ascertain whether any amount of tax was ever due againstthe respondents. If there was no tax liability, then there was no question ofseizure of the vehicle. The seizure by itself in absence of the above two factsappears to be uncalled for. If the trial court has released the vehicle in favour ofthe respondents, no illegality is seen. The misc. petition having no force is herebydismissed.

(B. PRASAD), J.

bjsh.

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