Rajasthan High Court - Jodhpur
Pawan Kumar vs State on 4 February, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1736/2020
Pawan Kumar S/o Rajendra, Aged About 26 Years, B/c Kumhar,
R/o Ward No. 11 Village Lalera, Tehsil Loonkaransar, Poice
Station, Mahajan, District Bikaner.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. N R Budania
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
04/02/2021
Learned counsel for the petitioner submits that vehicle
involved in the present case has not been confiscated under the
NDPS Act and if it is allowed to leave at the Police Station, it would
turn into junk. The petitioner is ready to abide by all the
conditions, which this Court may laid down.
Learned counsel relies on the judgment in the case of
Kamlesh Versus State of Rajasthan: S.B. Criminal Revision
No.409/2018 decided on 16.5.2018 wherein the Court has relied
upon an earlier judgment passed by this Court in the case of
Prakash Chand Versus State of Rajasthan reported in 2010 (1)
Cr.L.R. (Raj.) 507.
Learned counsel has also relied upon the judgment passed
by a Coordinate Bench of this Court in the case of Smt.
Gurucharan Kaur Versus State of Rajasthan & Ors.: S.B. Criminal
(2 of 3) [CRLMP-1736/2020]
Revision Petition No.320/2019 decided at Principal Seat, Jodhpur,
on 14.3.2019 wherein conditions have been laid down.
Having relied upon the judgments aforesaid, this Court
concurs with the view taken by the Coordinate Bench and vehicle
in question is directed to be released with the following conditions:
(a) the petitioner furnishes a personal bond in the sum of
Rs.3,00,000/- each with two sureties of Rs.1,50,000/-
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.
(b) the petitioner 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.
(C) 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 perhaps identifying them before the
Court which is with full residential particulars of the
sureties and the persons identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the car 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.
(e) the petitioner will not allow the vehicle in question to
be used for any antisocial activities including for the
purpose of carrying narcotics which may constitute
offence under the NDPS Act."
In view of the judgment in Prakash Chand (supra), the
instant criminal revision petition is allowed and the impugned
order is quashed and set aside and the vehicle - Car (Duster)
(3 of 3) [CRLMP-1736/2020]
having Registration No.HR-24-R-8813 is ordered to be released
subject to the aforesaid conditions.
(SANJEEV PRAKASH SHARMA),J
Saurav Yadav/17
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