Bhupendra Singh vs State Of Rajasthan
2021 Latest Caselaw 2599 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Misc(Pet.) No. 524/2021

Bhupendra Singh S/o Sh. Gurudev Singh, Aged About 21 Years,
B/c Jat Sikh, R/o Samunderiyan, Post Kheda, Kalmot, Tehsil
Anandpur, Dist. Roopnagar Samunderiyan (Punjab).
                                                                      ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)        :     Mr. M.L.Bishnoi
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/02/2021

1.   In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.


2.   The petitioner has preferred this criminal misc. petition

praying that the order dated 13.1.2021 passed by learned                       Addl.

Sessions Judge, Bhilwara in Misc. Case No.10/2020, be set aside,

whereby the said court refused to release the truck bearing

registration No.P.B.-07-BG-1564 to the petitioner. The said vehicle

was seized in connection with FIR No.85/2020 registered at P.S.

Rayla for the offence under Sections 8/15, 8/25 and 8/29 of the

N.D.P.S. Act.

3.   The learned counsel for the petitioner states at Bar that

no   confiscation   proceedings         are     pending         qua    the   vehicle

in-question and the same is case property. The learned counsel for


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                                   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.


                                   4.   Learned PP is not in a position to refute the above position.


                                   5.   Relying upon the judgment of Supreme Court in the case of

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

                                   and the trial court is directed to release truck bearing registration

                                   No. P.B.-07-BG-1564 on supardaginama in favour of petitioner on

                                   usual conditions, which the trial court deems fit, provided he

                                   furnishes a bank guarantee of Rs. 5,00,000/- before the trial

                                   court.


                                   6.   Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the said vehicle.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

293-Arti/-

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