Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan (2025:Rj-Jd:6227) on 30 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:6227]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8037/2024
Prakash S/o Sh. Shaitana Ram, Aged About 46 Years, R/o Ward
No. 5, Mithadiya Teh. Bajju Dist. Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Khilery
For Respondent(s) : Mr. Shriram Choudhary, Addl. G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order 30/01/2025
1. By way of filing of the instant criminal miscellaneous petition, challenge has been made to the order dated 04.11.2024 passed by the learned Special Judge, NDPS Act Cases, Bikaner in Criminal Misc. Case No.525/2024 pertaining to FIR No.211/2024 registered at the Police Station Bajju, District Bikaner, whereby the prayer made by the petitioner for releasing the vehicle in question (Motorcycle Honda CD 110 Dream Deluxe) bearing registration No. RJ-07-LS-8636, 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 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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[2025:RJ-JD:6227] (2 of 2) [CRLMP-8037/2024]
3. Learned Public Prosecutor opposed the miscellaneous 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 miscellaneous 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 78-Pramod/-
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