Kailash Chand S/O Sh. Ramratan vs State Of Rajasthan
2021 Latest Caselaw 301 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 1377/2020

Kailash Chand S/o Sh. Ramratan, Aged About 36 Years, R/o
Village Semali, Police Station Bapcha, Tehsil Chhabra, Distt.
Baran (Raj.).
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Petitioner(s) : Ms. Arti Goyal, Adv. & Mr. Sanjay Sharma, Adv.

For Respondent(s) : Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

15/01/2021

The present petition has been filed under Section 397 Cr.P.C.

read with Section 401 Cr.P.C., praying that the order dated

07.12.2020 passed by Special Judge N.D.P.S., Chabbra, District

Baran (Raj.) be set aside, whereby the said court refused to

release Motorcycle bearing registration No.RJ-28-ST-5187 to the

petitioner.

The learned counsel for the petitioner has contended that

petitioner is a registered owner of the vehicle in question.

The learned counsel for the petitioner has stated at Bar that

no confiscation proceedings are pending qua the vehicle and the

same is case property of case FIR No.209/2020 registered at

Police Station Bapcha, District Baran for the offence under

Sections 8/15 and 8/29 of NDPS Act.

I have heard the learned counsel for the parties.

(2 of 2) [CRLR-1377/2020]

The learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. 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.

Relying upon the judgment of the Supreme Court in the case

of Sunderbhai Ambalal Desai (supra), present petition is

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

as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicle so released intact and

shall not change their identification.

b) That the petitioner shall produce the vehicle as and when trial

court requires the same for proposed identification of the case

property.

c) That the petitioner shall execute Supurdaginama/indemnity

bond and bonds by two sureties to the satisfaction of the trial

court.

(d) The trial court is empowered to impose any or other conditions

in the Supurdaginama/indemnity bond and surety bonds to be

furnished by the petitioner and sureties, which it may deem fit.

Needless to say, trial court shall make verification that the

petitioner is a registered owner of the vehicle.

(NARENDRA SINGH DHADDHA),J

Gourav/91

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