Rajasthan High Court - Jodhpur
Kanhaiya Lal vs State Of Rajasthan on 20 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Revision Petition No. 367/2021.
Kanhaiya Lal S/o Devalal Dhakad, Aged About 45 Years, R/o
Sonagar Thana Begu, District Chittorgarh, Rajasthan.
----Petitioner
Versus
State Of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Hukum Singh Chouhan.
For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/12/2021
The present revision petition has been preferred under
Section 397 read with Section 401 Cr.P.C. on behalf of the
petitioner-applicant against the order dated 21.01.2021 passed by
the learned Special Judge, NDPS Cases No.2, Chittorgarh in Misc.
Application No. 03/2021, First Information Report No. 133/2020,
Police Station Parsoli, District Chittorgarh [Sessions Case No.
95/2020 (State of Rajasthan Vs. Jasmail Kaur & Ors.), registered
for the offences punishable under Section 8/15, 25, 29 of the
NDPS Act in which, the vehicle, Hero Splendor registration No. RJ
09 SQ 3851, was seized. By the impugned order, the learned Trial
Court has rejected the application for release of the vehicle.
(2 of 4) [CRLR-367/2021]
Heard learned counsel for the petitioner/applicant as well as
learned Public Prosecutor.
Learned counsel for the petitioner/applicant stated that the
petitioner is the registered owner of the vehicle in question
(registration certificate is available at page number 28 of the
charge-sheet); that the learned Trial Court has rejected the
application seeking release of the vehicle in question on the
ground that the vehicle was involved in illegal transportation of
the poppy-straw whereas, it is settled position of law by the
decision of Hon'ble the Supreme Court that the vehicle can be
released on supardiginama to its registered owner as per the
guidelines issued in the case of Sunderbhai Ambalal Desai Vs.
State of Gujarat, reported in JT 2002 (10) SC 80.
Learned Public Prosecutor stated that appropriate orders
may kindly be passed.
I have considered the submissions and perused the material
available on record.
In the opinion of this Court, it would be appropriate to
release the vehicle in question on Supurdaginama.
(3 of 4) [CRLR-367/2021]
Relying upon the judgment of the Supreme Court in the case
of Sunderbhai Ambalal Desai (supra), the present Revision
Petition is allowed and the order dated 21.01.2021 passed by
learned Special Judge, NDPS Cases No.2., Chittorgarh is set aside.
The trial Court is directed to release the vehicle in question, i.e.,
Hero Splendor registration No. RJ 09 SQ 3851 seized as case
property by imposing following conditions :-
(1) that the petitioner furnishes a personal bond I the
sum of Rs. 40,000/- with two sureties of Rs. 20,000/-
each to the satisfaction of the Trial Court, undertaking to
produce the vehicle in question in the Court, as and
when required to do so.
(2) that the petitioner shall get the questioned
vehicle's coloured photographed showing the registration
number as well as the chasis number. Such coloured
photographs shall be taken in the presence of the
Investigating Officer, to be kept on the file of the case.
(3) that the personal bond of the petitioner and the
bonds of the sureties shall carry the coloured
photographs of the petitioner as well as his sureties and
the bond of sureties shall further carry the photographs
of perhaps identifying them before the Court which is
with full residential particulars of the sureties and the
persons identifying them.
(4) that the petitioner shall undertake not to transfer
the ownership of the vehicle in question 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.
(4 of 4) [CRLR-367/2021]
(5) that the petitioner will not allow the Hero Splendor
registration No. RJ 09 SQ 3851 to be used for any anti-
social activities including for the purpose of carrying
narcotics which may constitute offence under the NDPS
Act.
Needless to say, that the Trial Court shall make verification
that the petitioner is a registered owner of the vehicle.
The present revision petition stands disposed of accordingly.
(DEVENDRA KACHHAWAHA),J
147-Mohan/-
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