[2023:RJ-JD:32880] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1292/2023 Kishan Singh S/o Natha Singh, Aged About 22 Years, R/o Gram Panchayat Chak 2 Kwm Chak 4 Kwm Village Bairiyawali, Bikaner (Raj.)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Manohar Singh For Respondent(s) : Mr. Aneesh Bhurat, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 05/10/2023
1. By way of filing of the instant criminal revision petition, challenge has been made to the order dated 11.09.2023 passed by the learned Special Judge NDPS Act Cases, Bikaner (Additional Session Judge No.1), Bikaner in Session Case No.489/2021 pertaining to FIR No.11/2021 registered at Police Station Khajuwala, District Biknaer whereby the prayer made by the petitioner for releasing the vehicle in question (Motorcycle) bearing registration No. RJ-07 HS 4332 has been declined.
2. Learned counsel for the petitioner submits that he 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 possession of the seized property. There is no other person claiming supurdagi of the same.
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[2023:RJ-JD:32880] (2 of 2) [CRLR-1292/2023]
3. Learned Public Prosecutor opposed the instant criminal revision 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 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. 50,000/- and surety of like amount to the satisfaction of the Court below.
(FARJAND ALI),J 24-Taruna/-
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