HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2120/2021 Parsa Ram S/o Shree Ram Vishnoi, Aged About 32 Years, R/o Basani Nikub, P.s. Dangiyawas, Dist. Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Niwas
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/04/2021
The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. praying that the order dated 02.09.2019 passed by learned Special Judge, NDPS Cases, Jodhpur in Criminal Misc. application No.349/2019, be set aside, whereby the said court has refused to release the Motor Cycle bearing No.RJ-19-JS- 1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 to the petitioner.
Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in that background, the Court has acceded to the prayer of the incumbent and recorded its (Downloaded on 07/04/2021 at 08:57:09 PM) (2 of 3) [CRLMP-2120/2021] finding that solely for the reason that the vehicle and other articles are likely to be confiscated after trial, conditional release of the vehicle and other articles on Supurdginama and surety cannot be denied and interim custody of the vehicle and other articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 and co- ordinate Bench of this Court at Jaipur Bench in case of Prakash Chand (supra) has held that conditional release of the vehicle cannot be denied.
I have heard learned counsel for the petitioner and learned Public Prosecutor for the State.
Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed order dated 02.09.2019 passed by the learned Special Judge NDPS Cases, Jodhpur is hereby quashed and the trial court is directed to release the Motor Cycle bearing No.RJ-19-JS-1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 seized as case property by imposing following conditions:-
(a) the petitioner furnishes a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the trial Court undertaking to produce the Motor Cycle No.RJ-19-JS- 1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 in the Court as and when required to do so.
(b) the petitioner shall get the Motor Cycle No.RJ- 19-JS-1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.
(c) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the (Downloaded on 07/04/2021 at 08:57:09 PM) (3 of 3) [CRLMP-2120/2021] petitioner and his sureties and the bond of sureties shall further carry the photograph of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.
(d) the petitioner shall undertake not to transfer the ownership of the Motor Cycle No.RJ-19-JS-1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.
(e) the petitioner will not allow the Motor Cycle No.RJ-19-JS-1060 Chasis No.MBLHA10ALDHE33437, Engine No.HAEJDHE56954 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J 39-priyal/-(Downloaded on 07/04/2021 at 08:57:09 PM)
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