Rajasthan High Court
Rajkumar Chopra S/O ... vs State Of Rajasthan on 23 February, 2021
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1051/2020
Rajkumar Chopra S/o Satyanarayana Chopra, Ro Chopra Ki
Dhani, Bugaliya Post Enana Bugaliya Radhakishanpura Jaipur.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sunil Kumar Gill
For Respondent(s) : Mr. Pankaj Agarwal, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
23/02/2021
S.B. Criminal Misc. Application No.415/2020:-
Heard.
Application is allowed for the reasons stated therein.
Delay in filing the revision petition is condoned.
S.B. Criminal Revision Petition No. 1051/2020:-
The present petition has been filed under Section 397 read
with Section 401 Cr.P.C., praying that the order dated 28.01.2020
passed by Learned Special Judge, N.D.P.S. Act, Cases, Jaipur
Metropolitan be set aside, whereby the said court refused to
release of Scorpio Vehicle No.RJ-18-UA-3100 to the petitioner.
The learned counsel for the petitioner has contended that
petitioner is a registered owner of the vehicle in question.
The learned counsel for the petitioner has stated at Bar that
no confiscation proceedings are pending qua the vehicle and the
same is case property of case FIR No.394/2019 registered at
(2 of 2) [CRLR-1051/2020]
Police Station Kalwar for the offence under Section 8/15, 8/18
N.D.P.S. Act.
I have heard the learned counsel for the parties.
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.
Relying upon the judgment of the Supreme Court in the case
of Sunderbhai Ambalal Desai (supra), present petition is
allowed and the trial court is directed to release the vehicle seized
as case property by imposing following conditions:-
a) That the petitioner shall keep the vehicle so released intact and
shall not change their identification.
b) That the petitioner shall produce the vehicle as and when trial
court requires the same for proposed identification of the case
property.
c) That the petitioner shall execute Supurdaginama/indemnity
bond and bonds by two sureties to the satisfaction of the trial
court.
(d) The trial court is empowered to impose any or other conditions
in the Supurdaginama/indemnity bond and surety bonds to be
furnished by the petitioner and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the
petitioner is a registered owner of the vehicle.
(NARENDRA SINGH DHADDHA),J
TN/70
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