Rajasthan High Court - Jodhpur
Rajuram vs State Of Rajasthan on 24 February, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1206/2021
Rajuram S/o Jeevraj, Aged About 40 Years, R/o Udaniyo Ki Dhani
Sanwrij, Police Thana Phalodi, District Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. B.R. Godara
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/02/2021
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. praying that the order dated 18.01.2021
passed by learned Special Court NDPS Cases Jodhpur in Criminal
Misc. Case No.20/2021, whereby the learned trial Court rejected
the application under Section 451 Cr.P.C., moved by the petitioner
for releasing the vehicle Kwid Car bearing Registration No.RJ-43-
CA-1043 Engine No.E099982 and Chasis
No.MEEBBA001HB554446.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
from the accused for carrying contraband of small quantity just
above the commercial quantity. It is in that background, the Court
(2 of 3) [CRLMP-1206/2021]
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the instant misc. petition is allowed and the
order dated 18.01.2021 is hereby quashed and set aside and the
vehicle Kwid Car bearing Registration No.RJ-43-CA-1043 Engine
No.E099982 and Chasis No.MEEBBA001HB554446 in question is
ordered to be released on 'supardgi' till the completion of the trial
upon following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.4,00,000/- each with two sureties of
Rs.2,00,000/- each to the satisfaction of the trial
Court undertaking to produce the Kwid Car bearing
Registration No.RJ-43-CA-1043 Engine No.E099982
and Chasis No.MEEBBA001HB554446 in the Court as
and when required to do so.
(b) the petitioner shall get the Kwid Car bearing
Registration No.RJ-43-CA-1043 Engine No.E099982
and Chasis No.MEEBBA001HB554446 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 photograph of perhaps
identifying them before the Court which is with full
(3 of 3) [CRLMP-1206/2021]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Kwid Car bearing Registration
No.RJ-43-CA-1043 Engine No.E099982 and Chasis
No.MEEBBA001HB554446 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 Kwid Car
bearing Registration No.RJ-43-CA-1043 Engine
No.E099982 and Chasis No.MEEBBA001HB554446 for
the purpose of carrying narcotics which may
constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J
86-Ishan/-
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