Morsingh S/O Mangilal @ Ratanlal ... vs State Of Rajasthan
2021 Latest Caselaw 218 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7803/2019

Morsingh S/o Mangilal @ Ratanlal B/c Rajpoot, R/o Patalapani Ps
Bhojpur District Rajgarh, Mp.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp.
                                                                ----Respondent

For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

12/01/2021

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-7803/2019]

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 - Bolero having

(3 of 3) [CRLMP-7803/2019]

Registration No.MP-39-G-1299 is ordered to be released subject to

the aforesaid conditions.

(SANJEEV PRAKASH SHARMA),J

NITIN /281

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