HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5863/2020
Vinod Nagar S/o Gopilal Nagar, R/o Ward No. 3, Luharo Ka
Mohalla Police Station Karwar, Distt. Bundi Currently Residing At
House No. 350, Dayanand Nagar, Phase 1, Jhalana Doongri,
Jaipur.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Mohit Sharma, Adv.
For Respondent(s) : Mr. Atul Sharma, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/10/2022 The present petition has been filed under Section 482 Cr.P.C. praying therein that the order dated 10.11.2020 passed by the learned Special Judge N.D.P.S. Cases, Jaipur Metropolitan-I, be set aside, whereby the said court refused to release motorcycle bearing No. RJ-14-JT-7564 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.55/2020 registered at Police Station Gandhi Nagar, Jaipur for the offence under Section 8/20 of NDPS Act.
I have heard the learned counsel for the parties. (Downloaded on 11/10/2022 at 08:43:24 PM)
(2 of 2) [CRLMP-5863/2020] 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.
Stay application stands disposed of.
(NARENDRA SINGH DHADDHA),J Gourav/57 (Downloaded on 11/10/2022 at 08:43:24 PM) Powered by TCPDF (www.tcpdf.org)