Amrindar Singh S/O Nirmal Singh ... vs State Of Rajasthan
2021 Latest Caselaw 7610 Raj/2

Citation : 2021 Latest Caselaw 7610 Raj/2
Judgement Date : 14 December, 2021

Rajasthan High Court

Amrindar Singh S/O Nirmal Singh ... vs State Of Rajasthan on 14 December, 2021

Bench: Manoj Kumar Vyas

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 1320/2021

Amrindar Singh S/o Nirmal Singh Tarkhan Sikh, Aged About 35
Years, R/o Morawali Sunam, District Sangrur (Punjab)
                                                                    ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Non-Petitioner


For Petitioner(s)        :     Mr. Ravindra Kumar Paliwal
For Respondent(s)        :     Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

14/12/2021

This criminal revision petition has been filed against the

impugned order dated 15.11.2021 passed by the Court of

Additional District and Sessions Judge No.1, Kekri in Criminal Misc.

Application No.317/2021 whereby the application of the petitioner

for releasing the vehicle(truck) has been dismissed.

It has been submitted on behalf of the petitioner that the

petitioner is the registered owner of the vehicle and there is no

other rival claim for its release. The court below has dismissed the

application for supurdgi filed by the petitioner on the ground that

the matter relates to the N.D.P.S. Act. The court below did not

appreciate the fact that if the vehicle is lying in the police station

then it will be damaged. Hence, it is prayed that the petition may

be allowed and the truck seized in FIR No.140/2021 registered at

Police Station Bhinay, District Ajmer be released on supurdgi

subject to the conditions which may be imposed.

(2 of 3) [CRLR-1320/2021]

Learned counsel has placed reliance on following judgments

passed by co-ordinate Benches and this court :-

1. Tarun Bodiya v. State of Rajasthan CRLMP 1648/2021,decided on 28.07.2021

2. Ishak Ahmad v. State of Rajasthan CRLMP 469/2021, decided on 16.07.2021

3. Varsha Luthara v. State of Rajasthan CRLMP 928/2021, decided on 30.03.2021

4. Kishore Kumar v. State of Rajasthan CRLMP 42/2020, decided on 21.01.2020

5. Ajay v. State of Rajasthan CRLMP 1510/2019,decided on 20.01.2020

6. Omdas v. State of Rajasthan CRLMP 315/2018, decided on 17.04.2018

Learned Public Prosecutor has opposed the revision petition

and has submitted that the vehicle in question was used for

commission of the offence under the provisions of Narcotic Drugs

and Psychotropic Substances Act, 1985 and can be subject matter

of confiscation under Section 60 of the NDPS Act, therefore, the

petitioner is not entitled for release of the vehicle in his favour.

Learned Public Prosecutor has submitted the factual report

according to which in the present FIR the petitioner is in judicial

custody and investigation is pending.

Learned Public Prosecutor has further submitted that no

confiscation proceedings have been initiated till date.

Heard learned counsel for the parties and perused the record

of the case.

It is admitted that the petitioner is a registered owner of the

vehicle in question which has not been claimed by any other

person and no confiscation order has been passed in the matter,

even the confiscation proceedings have not been initiated.

(3 of 3) [CRLR-1320/2021]

In these circumstances, Criminal Revision Petition deserves

to be allowed and the same is accordingly allowed.

Impugned order dated 15.11.2021 is quashed and set aside.

It is directed that the seized vehicle-truck (Registration No. PB-22-

K-9194) be released in favour of the petitioner on 'supurdginama'

on his producing original registration certificate and satisfying

following conditions :-

(i) He furnishes a personal bond in the sum of Rs.5,00,000/- with two sureties of Rs.2,50,000/-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.

(ii) He shall get the vehicle in question 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.

(iii) 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 photographs of persons identifying them before the Court with full residential particulars of the sureties and the persons identifying them.

(iv) The petitioner shall undertake not to transfer the ownership of the vehicle in question and not to lease it to any one and not to make or allow any changes in it to be made so as to make unidentifiable.

(MANOJ KUMAR VYAS),J

Hemant/43