Rajasthan High Court - Jodhpur
Sri Ram vs State Of Rajasthan (2023:Rj-Jd:44079) on 15 December, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023:RJ-JD:44079]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7749/2023
Sri Ram S/o Shri Magna Ram Bishnoi, Aged About 40 Years, R/o
Vishnu Nagar, Jalod, Tehsil Lohawat, Dist. Phalodi
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 15/12/2023
1. By way of filing the instant criminal misc. petition, challenge has been made to the order dated 05.12.2023 passed by the learned Special Judge, NDPS Act Cases (Additional Sessions Judge No.1), District Bikaner in Misc. Case No.519/2023 pertaining to FIR No. 293/2023 registered at Police Station Bichhwal, District Bikaner whereby the prayer made by the petitioner for releasing the vehicle in question (Bus) bearing registration No. RJ-07-PB- 5529, has been declined.
2. Learned counsel for the petitioner submits that he is the registered owner of the vehicle in question which has been seized by the Police Officers. He further submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same.
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[2023:RJ-JD:44079] (2 of 2) [CRLMP-7749/2023]
3. Learned Public Prosecutor opposed the instant criminal misc. petition.
4. 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 criminal misc. 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. 8,00,000/- and surety of like amount to the satisfaction of the Court below.
(FARJAND ALI),J 580-divya/-
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