Lakhveer Singh vs State Of Rajasthan
2021 Latest Caselaw 13026 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 589/2021

Lakhveer Singh S/o Shri Rajindra Singh, Aged About 38 Years,
B/c Jatsikh, R/o Sadaur, Police Station Sadaur, District Sangrur
(Punjab)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp.
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Surendra Singh Shaktawat
For Respondent(s)          :     Mr. M.S. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

24/08/2021

     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 petition praying that the

order dated 03.06.2021 passed by learned Special Judge, N.D.P.S.

Act Cases No.1, Chittorgarh in Criminal Misc. Case No.336/2021

be set aside, whereby the said Court refused to release the vehicle

Toyota Innova Car bearing registration No.PB-13-BH-7732 to the

petitioner.

     The learned 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

vehicle should not be permitted to remain parked in the police

station as same shall gather rust and shall not remain useful.



                      (Downloaded on 25/08/2021 at 08:47:20 PM)
                                                                            (2 of 2)                [CRLR-589/2021]



                                        Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                        Relying upon the judgment of the Supreme Court in the case

                                   of Sunderbhai Ambalal Desai (supra), the present petition is

                                   allowed and the trial court is directed to release the vehicle Toyota

                                   Innova    Car     bearing      registration          No.PB-13-BH-7732       on

                                   supardaginama in favour of petitioner on usual conditions, which the

                                   trial court deems fit, provided he furnishes a bank guarantee of

                                   Rs.8,00,000/- with the trial court. The disposal of the bank

                                   guarantee shall be in accordance with the final directions to be

                                   passed by the learned trial court after conclusion of the trial.

                                        Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.

                                        All pending applications also stand disposed of.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

67-Sudheer/-

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