[2023/RJJD/010962] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 403/2023 Raju S/o Bhanwar Lal, Aged About 40 Years, Murlidhar Ji Ka Chowk, Chandawal, P.s. Sojat City, Dist. Pali (Raj.).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Vikas Bishnoi For Respondent(s) : Mr. Abhishek Purohit, AGA HON'BLE MR. JUSTICE FARJAND ALI Order 19/04/2023 By way of filing of the instant miscellaneous petition, challenge has been made to the order dated 28.03.2023 passed by the learned Additional Sessions Judge, Sojat, District Pali in Misc. Case No.39/2023 pertaining to FIR No.193/2020 registered at the Police Station Sojat Road, District Pali, whereby the prayer made by the petitioner for releasing the vehicle in question (Swift Dezire) bearing registration No. RJ-14-LC-7532, has been declined.
Learned counsel for the petitioner submits that the petitioner is not an accused in the case, rather his brother Hanuman Ram is accused of having contraband poppy husk weighing 4 kg. 200 gm. in his possession. The petitioner is the owner of the vehicle in question which has been seized by the Police Officers. He submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the (Downloaded on 19/04/2023 at 11:39:24 PM) [2023/RJJD/010962] (2 of 2) [CRLR-403/2023] possession of the seized property. There is no other person claiming supurdagi of the same.
Learned Public Prosecutor opposed the criminal miscellaneous petition.
Considering the submissions and following the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638 and the order dated 18.11.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala & Anr., wherein, the vehicle involved in a crime under NDPS Act was directed to be released on terms and conditions to be determined by the Special Court, the revision petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs. 3,00,000/- and surety of like amount to the satisfaction of the Court below.
(FARJAND ALI),J 178-Pramod/-
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