Mahipal vs State Of Rajasthan
2021 Latest Caselaw 3204 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 843/2020

Mahipal S/o Sh. Hudmana Ram, Aged About 38 Years, R/o
Dundo Ki Dhani, Bheemsagar, Osian, Dist. Jodhpur, Through
Power Of Attorney Holder Veera Ram S/o Hukma Ram, B/c
Chaudhary, R/o Gomoniyo Ki Dhani, Hudasar, District Barmer.
                                                                      ----Petitioner
                                   Versus
State of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)        :     Mr. Kalu Ram Bhati
For Respondent(s)        :     Mr. A.R. Choudhary, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

05/02/2021
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 09.09.2020 passed by learned

Special Judge, NDPS Cases, Pali in Session Case No.63/2020, be

set aside, whereby the said court refused to release the Maruti Car

bearing registration No. RJ-16-CB-0617 to the petitioner. The said

vehicle was seized in connection with FIR No.183/2019 registered

at P.S. Sadar, District Pali for the offences under Sections 8/15 &

8/25 of NDPS 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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                                                                             (2 of 2)                      [CRLR-843/2020]


                                   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 Maruti Car bearing

                                   registration No.RJ-16-CB-0617 on supardaginama in favour of

                                   petitioner on usual conditions, which the trial court deems fit,

                                   provided he furnishes a bank guarantee of Rs.3,00,000/- before

                                   the trial court.


                                   6.    However, the learned court below shall release the vehicle on

                                   the   name    of   the   petitioner,      only      when         he   gets   requisite

                                   registration certificate in his favour for ownership of the vehicle in

                                   question.


                                                                  (DR.PUSHPENDRA SINGH BHATI),J.

95-Sudheer/-

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