Muknaram vs State
2021 Latest Caselaw 8999 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2116/2020

Muknaram S/o Shri Umaram, Aged About 35 Years, By Caste Vishnoi, R/o Nathaniyo and Siyago Ki Dhani Akalkhori, Police Station Osian, District Jodhpur.

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Budharam, Adv.

For Respondent(s)         :     Mr. SK Bhati, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                          Judgment / Order

07/04/2021

Petitioner has filed this criminal misc. petition under Section

482 Cr.P.C. to assail the impugned judgment dated 29.07.2020

passed by Learned Special Judge, NDPS Cases, Jodhpur (for short,

'learned trial Court') whereby the learned trial Court rejected the

application under Section 457 Cr.P.C., moved by the petitioner for

releasing the vehicle Mahindra Scorpio S9 MH 2W 140 bearing No.

RJ-19-UB-7897 on 'supurdagi'.

I have heard learned counsel for the petitioner and learned

Public Prosecutor for the State.

Learned counsel for the petitioner, in support of his

arguments, has placed reliance on a decision of the co-ordinate

Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.

State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the

aforesaid judgment, the vehicle and other articles were seized

from the accused for carrying contraband of small quantity just

(2 of 3) [CRLMP-2116/2020]

above the commercial quantity. It is in that background, the Court

has acceded to the prayer of the incumbent and recorded its

finding that solely for the reason that the vehicle and other

articles are likely to be confiscated after trial, conditional release

of the vehicle and other articles on Supurdginama and surety

cannot be denied and interim custody of the vehicle and other

articles can be granted to the incumbent on certain conditions.

Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai

Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-

ordinate Bench of this Court at Jaipur Bench in case of Prakash

Chand (supra) has held that conditional release of the vehicle

cannot be denied.

Accordingly, the instant misc. petition is allowed and the

order dated 29.07.2020 is hereby quashed and set aside and the

vehicle Mahindra Scorpio S9 MH 2W 140 bearing No. RJ-19-UB-

7897 in question is ordered to be released on 'supardgi' till the

completion of the trial upon following conditions:-

(a) the petitioner furnishes a personal bond in the sum of Rs.6,00,000/- each with two sureties of Rs.3,00,000/- each to the satisfaction of the trial Court undertaking to produce the vehicle Mahindra Scorpio S9 MH 2W 140 bearing No. RJ-19-UB-7897 in the Court as and when required to do so.

(b) the petitioner shall get the vehicle Mahindra Scorpio S9 MH 2W 140 photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

(c) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photograph of persons identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

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(d) the petitioner shall undertake not to transfer the ownership of the vehicle Mahindra Scorpio S9 MH 2W 140 and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

(e) the petitioner will not allow the vehicle Mahindra Scorpio S9 MH 2W 140 bearing No. RJ-19-UB-7897 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act."

(MANOJ KUMAR GARG),J 75-MS/-

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