HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3216/2022
Ramchandra S/o Bapulal, R/o Doriyakhedi, Police Station
Bhojpur, District Rajgarh (Mp).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 07/04/2022 The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 2.9.2021 passed by Special Judge N.D.P.S. Act, Chhabra, District Baran be set aside whereby the said court refused to release Motorcycle bearing registration No.MP-39-ML-9149, Chasis No.MBLHA7159H4K03511 and Engine No.HA11EMH4K03032 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.84/2020 registered at Police Station Sarthal, District Baran for the offence under Section 8/21, 8/25 and 8/29 of NDPS Act.
I have heard the learned counsel for the parties. (Downloaded on 11/04/2022 at 08:57:13 PM)
(2 of 2) [CRLMP-3216/2022] 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 Brijesh 66.
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