Subhash vs State Of Rajasthan
2021 Latest Caselaw 12487 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 3331/2021

Subhash S/o Ramgopal, Aged About 34 Years, R/o Ratanpura
Bypass Rohi Chotala, Tehsil Mandi Dabwali, District Sirsa,
Haryana.
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Pankaj Kumar Gupta
For Respondent(s)          :     Mr. Vikram Sharma, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

10/08/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     The petitioner has preferred this misc. petition praying that

the order dated 17.06.2021 passed by learned Additional Sessions

Judge, Sangaria, District Hanumangarh in Criminal Misc. Case

No.175/2021 (arising out of Sessions Case No.17/2020) be set

aside, whereby the said Court refused to release the amount of

Rs.1,17,500/- to the petitioner.

     Counsel for the petitioner submits that the petitioner has

preferred this misc. petition for releasing the amount in-question,

which is alleged to be the proceeds of the contraband in-question.

He further submits that the amount in-question is no longer

required for investigation and has been wrongly been kept

under confiscation.

                      (Downloaded on 11/08/2021 at 08:48:40 PM)
                                                                          (2 of 2)                   [CRLMP-3331/2021]



                                        Counsel for the petitioner has cited the judgment passed by

                                   this Court in the matter of Lune Khan Vs. State of Rajasthan

                                   reported in 2018(4) Cr.L.R. (Raj.) 1783.

                                        Counsel for the petitioner has relied upon Sunderbhai

                                   Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to

                                   contend that the Supreme court has held that the article should

                                   not be permitted to remain in the police station as same shall not

                                   remain useful.

                                        Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                        Relying upon the judgment of Hon'ble Supreme Court in the

                                   case of Sunderbhai Ambalal Desai (supra) and Lune Khan (supra),

                                   the present misc. petition is allowed and the trial court is directed

                                   to release the amount of Rs.1,17,500/- on supardaginama on usual

                                   conditions, which the trial court deems fit, provided he furnishes a

                                   bank guarantee of Rs.1,17,500/- with the learned trial court.

                                   The disposal of bank guarantee shall be in accordance with the

                                   final directions to be passed by the learned trial court after

                                   conclusion of the trial.



                                                                 (DR. PUSHPENDRA SINGH BHATI),J.

99-nirmala/Sanjay

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