Rajasthan High Court
Rekha Soni W/O Abdul Haseeb B/C ... vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 733/2020
Rekha Soni W/o Abdul Haseeb, R/o Dug, Police Station Dug,
District Jhalawar, Raj.
----Appellant/Petitioner
Versus
State Of Rajasthan, Through PP.
----Respondent
For Petitioner(s) : Mr. Shyam Bihari Gautam
For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
This criminal misc. petition under Section 482 Cr.P.C. has
been filed against the order dated 21.01.2020 passed by the
learned Additional Sessions Judge, Bhawani Mandi, District
Jhalawar whereby, the application filed by the petitioner under
Section 451 Cr.P.C. for releasing the car under her ownership, has
been dismissed.
The facts in brief are that the car in question was seized in
FIR No.08/2020 in which Police after investigation has filed charge
sheet against as many as ten accused persons under various
provisions of IPC, Arms Act and under the provisions of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity
'the Act of 1985'). Admittedly, the petitioner is not an accused in
the charge sheet nor any contraband was recovered from the car.
Learned counsel submitted that she is registered owner of
the car in question with no rival claimants for its release. Relying
(2 of 3) [CRLMP-733/2020]
on the judgment of the Hon'ble Apex Court of India in case of
Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10
SCC 290 and Coordinate Bench Judgments dated
14.08.2012 in S.B. Criminal Miscellaneous Petition
No.2682/2012, Phool Singh vs. State of Rajasthan and in
cases of Bal Mikand vs. State, 1994 Cri Lr (Raj) 4, Prakash
Chand vs. State of Rajasthan, S.B. Criminal Miscellaneous
Petition No.416/2010 decided on 12.03.2010 & Laxman vs.
State of Rajasthan, S.B. Criminal Miscellaneous Petition
No.61/2018 decided on 16.04.2018, he submitted that vehicle
be given on 'supurdginama' to the petitioner.
Learned Public Prosecutor opposed the criminal misc.
petition.
Heard the learned counsels for the parties and perused the
record.
It is undisputed that the petitioner is registered owner of the
car in question which has not been claimed by any other person.
Although, no contraband was recovered from the car; still, it is
well settled law that a vehicle seized under the provisions of the
Act of 1985 can be released in favour of the registered owner
provided no order of confiscation has been passed.
In these circumstances, this criminal miscellaneous petition
deserves to be allowed and is accordingly allowed. The order
dated 21.01.2020 passed by the learned Additional Sessions
Judge, Bhawani Mandi, District Jhalawar is quashed and set aside.
It is directed that the Hyundai i20, RJ-17-CB-0651 be released in
favour of the petitioner on 'supurdginama' on her producing
(3 of 3) [CRLMP-733/2020]
original registration certificate and on satisfying following
conditions:-
(1) She furnishes a personal bond in the sum of
Rs.6,00,000/- with two sureties of Rs.3,00,000/- each
to the satisfaction of the trial Court with undertaking
to produce the vehicle in question in the Court as and
when required to do so.
(2) She 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.
(3) The personal bond of the petitioner and bonds of
sureties shall carry the photographs of the petitioner
and her 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.
(4) 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.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /32
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