Rajasthan High Court - Jodhpur
Joga Singh 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. 184/2021
Joga Singh S/o Seva Singh, Aged About 33 Years, By Caste Jat
Sikh, R/o Dayal Pura, Police Station Bareta, District Mansa
(Punjab).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Pravin Vyas on behalf of
Mr. Vineet Jain
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 20.02.2020
passed by learned Special Judge NDPS Act Cases Bhilwara in
Criminal Misc. Case No.04/2020, whereby the learned trial Court
rejected the application under Section 451 Cr.P.C., moved by the
petitioner for releasing the vehicle Swift Car bearing Registration
No.HR-19-D-2065.
Learned counsel for the petitioner submits that the petitioner
is registered owner through the agreement. Counsel 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
(2 of 3) [CRLMP-184/2021]
quantity just above the commercial quantity. It is in that
background, the Court 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 20.02.2020 is hereby quashed and set aside and the
vehicle Swift Car bearing Registration No.HR-19-D-2065 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 Swift Car bearing
Registration No.HR-19-D-2065 in the Court as and
when required to do so.
(b) the petitioner shall get the Swift Car bearing
Registration No.HR-19-D-2065 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-184/2021]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Swift Car bearing Registration
No.HR-19-D-2065 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 Swift Car
bearing Registration No.HR-19-D-2065 for the
purpose of carrying narcotics which may constitute
offence under the NDPS Act."
(MANOJ KUMAR GARG),J
82-Ishan/-
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