HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1377/2020
Kailash Chand S/o Sh. Ramratan, Aged About 36 Years, R/o
Village Semali, Police Station Bapcha, Tehsil Chhabra, Distt.
Baran (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Ms. Arti Goyal, Adv. & Mr. Sanjay Sharma, Adv.
For Respondent(s) : Mr. Chandragupt Chopra, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 15/01/2021 The present petition has been filed under Section 397 Cr.P.C. read with Section 401 Cr.P.C., praying that the order dated 07.12.2020 passed by Special Judge N.D.P.S., Chabbra, District Baran (Raj.) be set aside, whereby the said court refused to release Motorcycle bearing registration No.RJ-28-ST-5187 to the petitioner.
The learned counsel for the petitioner has contended that petitioner is a registered owner of the vehicle in question.
The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle and the same is case property of case FIR No.209/2020 registered at Police Station Bapcha, District Baran for the offence under Sections 8/15 and 8/29 of NDPS Act.
I have heard the learned counsel for the parties. (Downloaded on 18/01/2021 at 10:13:18 PM)
(2 of 2) [CRLR-1377/2020] The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the vehicle seized as case property by imposing following conditions:-
a) That the petitioner shall keep the vehicle so released intact and shall not change their identification.
b) That the petitioner shall produce the vehicle as and when trial court requires the same for proposed identification of the case property.
c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.
(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
(NARENDRA SINGH DHADDHA),J Gourav/91 (Downloaded on 18/01/2021 at 10:13:18 PM) Powered by TCPDF (www.tcpdf.org)