Rajasthan High Court - Jodhpur
Setha Ram Prajapat vs State Of Rajasthan (2024:Rj-Jd:38481) on 18 September, 2024
[2024:RJ-JD:38481]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5847/2024
Setha Ram Prajapat S/o Javri Lal, Aged About 32 Years, R/o
Bubani P.s. Gegal , Dist. Ajmer,raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sameer Khan.
For Respondent(s) : Mr. Dhanraj Vaishnav, PP
HON'BLE MR. JUSTICE ARUN MONGA
Order 18/09/2024
1. Under challenge before this Court is an order dated 09.07.2024 passed by the learned Special Sessions Judge, NDPS Cases-cum-Additional Sessions Judge, Begun, District Chittorgarh in Criminal Misc. Case No.104/2024 (CIS No.19/2024) pertaining to FIR No.07/2023, dated 18.01.2023, under Sections 8/15 of NDPS Act, registered at Police Station Parsoli, District Chittorgarh, wherein 30.500 Kg. Doda Post was recovered. Vide impugned order, release of the vehicle in question (Toyota Etios Car) bearing registration No.RJ-01-CB-4393 has been declined.
2. Learned counsel for the petitioner submits that he is the owner of the vehicle in question. Same has been seized by the Police Officers. Petitioner being the owner of the vehicle is best entitled to get it back on supurdari.
3. Learned Public Prosecutor opposes the instant criminal Misc. petition on the ground that vehicle is a case property. (Downloaded on 19/09/2024 at 08:49:30 PM)
[2024:RJ-JD:38481] (2 of 2) [CRLMP-5847/2024]
4. Vehicle was impounded on 09.07.2024 and ever-since parked in police custody and needless to say it is deteriorating by each passing day and would turn into a complete junk by the time trial is concluded.
5. Reference may be had to 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. In view thereof, the instant Petition is also allowed. Adopting the same reasoning as assigned in the judgment, ibid, 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 Supurdarinama and surety of like amount to the satisfaction of the learned court below. It is expected of the learned trial court to verify the ownership documents of the vehicle in question before releasing the same on Supurdarinama in favour of the owner.
(ARUN MONGA),J 105-Rmathur/-
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