Rajasthan High Court - Jodhpur
Nandlal Gadari vs State Of Rajasthan on 5 February, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3877/2020
Nandlal Gadari S/o Shri Ganesh Lal, Aged About 33 Years, By
Caste Gadari, R/o Langach, Tehsil Kapasan, District Chittorgarh
(Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Manvendra Bhati
For Respondent(s) : Mr. Mukesh Kumar Trivedi, 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.
(2 of 3) [CRLMP-3877/2020]
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
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 sumof
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."
(3 of 3) [CRLMP-3877/2020]
In view of the judgment in Prakash Chand (supra), the
instant criminal misc. petition is allowed and the impugned orders
quashed and set aside and the vehicle - Bolero Camper having
Registration No. RJ-20-U-0445 is ordered to be released subject to
the aforesaid conditions and quantum of "Supurdgi" determined
by the learned trial Court.
(SANJEEV PRAKASH SHARMA),J
71-Arti/Samvedana
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