Jagdish Bishnoi vs State
2021 Latest Caselaw 2626 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2186/2020

Jagdish Bishnoi S/o Sh. Ramchandra Bishnoi, Aged About 40 Years, R/o Village Bhacharna, Tehsil Luni, District Jodhpur Appearing Through Power Of Attorney Holder M/s A.k Goods Transport Company, Vishavkarma Autobmobile Nagar, Kota Through Proprietor Smt. Kamlesh Kumari Jain Aged About 55 Years, Resident Of House No. 66, Udhyog Nagar, New Dhaan Mandi, Kota Rajasthan.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr.Deepak Bishnoi. For Respondent(s) : Mr.MR Pareek, 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. Petitioner has preferred this misc. petition under

Section 482 of Cr.P.C. claiming the following relief :-

"It is, therefore, most humbly and respectfully prayed on behalf of petitioner that the criminal Misc. petition of the petitioner may kindly be allowed and the impugned order dated 24/7/2020 may kindly be quashed and set aside AND may kindly be directed to release the seized goods of the petitioner, and any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be pass in favour of the petitioners."

(2 of 2) [CRLMP-2186/2020]

3. The learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

SCC 283, to contend that the seized goods should not be

permitted to remain stored so that it get damaged.

4. Learned counsel for the respondent is not in a position

to refute the above position.

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

case of Sunderbhai Ambalal Desai (supra), the present petition is

allowed and the trial court is directed to release the seized goods

in question on supardaginama in favour of the petitioner on usual

conditions, which the trial court deems fit.

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

the petitioner is the actual owner of the goods in question.

(DR. PUSHPENDRA SINGH BHATI)J.

149-SPhophaliya/Jitender/-

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