Kulwant Singh vs State Of Rajasthan (2024:Rj-Jd:25220)

Rajasthan High Court - Jodhpur

Kulwant Singh vs State Of Rajasthan (2024:Rj-Jd:25220) on 30 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:25220]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 3653/2024

Kulwant Singh S/o Shri Kewal Singh, Aged About 54 Years, R/o
Ward No.2, Gharsana, District Anoopgarh.
                                                                             ----Petitioner
                                        Versus
State Of Rajasthan, Through PP
                                                                          ----Respondent


For Petitioner(s)             :     Mr. Manish Kumar Pareek for
                                    Mr. DS Thind
For Respondent(s)             :     Mr. Gaurav Singh, AGA



                 HON'BLE MR. JUSTICE FARJAND ALI

Order 30/05/2024

1. By way of filing the instant criminal misc. petition, challenge has been made to the order dated 23.05.2024 passed by the learned Special NDPS Cases, District Bikaner (Additional Sessions Judge No.1, Bikaner) in Criminal Misc. Case No.253/2024 pertaining to FIR No.82/2024 registered at Police Station Chattargarh, District Bikaner whereby the prayer made by the petitioner for releasing the vehicle in question (Swift Dzire) bearing registration No. HR-10-U-7739, 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 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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[2024:RJ-JD:25220] (2 of 2) [CRLMP-3653/2024]

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 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 609-divya/-

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