Mewa Ram vs State Of Rajasthan (2024:Rj-Jd:24108)

Rajasthan High Court - Jodhpur

Mewa Ram vs State Of Rajasthan (2024:Rj-Jd:24108) on 27 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:24108]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2433/2024

Mewa Ram S/o Shri Narayan Lal, Aged About 38 Years, R/o
Ratanpura, Post Bagoliya, District Bhilwara.
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Jaikishan Haniya
For Respondent(s)         :     Mr. Abhishek Purohit AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order 27/05/2024

1. By way of filing the instant criminal misc. petition, challenge has been made to the order dated 22.03.2024 passed by the learned Special Judge, NDPS Act Cases (Additional Sessions Judge, Pali), District Pali in Criminal Misc. Case No.86/2024 pertaining to FIR No.49/2024 registered at Police Station Siryari, District Pali, whereby the prayer made by the petitioner for releasing the vehicle in question (Maruti Swift Car) bearing registration No. RJ-06-CD-0105, has been declined.

2. Learned counsel for the petitioner submits that the petitioner is the 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 (Downloaded on 30/05/2024 at 08:56:36 PM) [2024:RJ-JD:24108] (2 of 2) [CRLMP-2433/2024] entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same.

3. Learned Additional Government Advocate 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 instant 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.3,00,000/- and surety of like amount to the satisfaction of the Court below.

(FARJAND ALI),J 221-Ashutosh/-

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