Poona Ram vs State
2021 Latest Caselaw 2508 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 6769/2019

Poona Ram S/o Shri Sahi Ram, Aged About 32 Years, By Caste
Bishnoi, Resident Of Ramdev Nagar, Bhojakor, Police Station
Lohawat District Jodhpur.
                                                                      ----Petitioner
                                   Versus
State, Through Pp
                                                                 ----Respondent


For Petitioner(s)        :     Mr. Sharwan Singh Rathore
For Respondent(s)        :     Mr. SK Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

29/01/2021
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 03.12.2019 passed by learned

Special Judge, NDPS Cases, Jodhpur in Criminal Misc. Case

No.403/2019, be set aside, whereby the said court refused to

release the vehicle bearing registration No.RJ27CG-1055 (Swift

VDI car) to the petitioner. The said vehicle was seized in

connection with FIR No.247/2019 of P.S. Balesar, District Jodhpur

the offence under Section 8/15 of the N.D.P.S. 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

the petitioner has relied upon Sunderbhai Ambalal Desai vs.

                    (Downloaded on 30/01/2021 at 08:39:01 PM)
                                                                         (2 of 2)                   [CRLMP-6769/2019]


                                   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 criminal misc.

                                   petition is allowed and the trial court is directed to release vehicle

                                   bearing   registration    No.RJ27CG-1055               (Swift   VDI    car)   on

                                   supardaginama in favour of petitioner on usual conditions, which the

                                   trial court deems fit, provided he furnishes a bank guarantee of

                                   Rs.3,50,000/- before the trial court.


                                   6.   Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.


                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

163-Sanjay/-

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