Dashrath Das vs State Of Rajasthan
2021 Latest Caselaw 10139 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 2741/2021

Dashrath     Das    S/o     Bhanwar         Das,      Aged         About    40   Years,
Dhamniya,     Police      Station      Javar,      District        Nimach    (Madhya
Pradesh).
                                                                       ----Petitioner
                                      Versus
State Of Rajasthan, Through P.p.
                                                                     ----Respondent


For Petitioner(s)           :     Mr. Divakar Sharma
For Respondent(s)           :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

06/07/2021
1.          In wake of second surge in the COVID-19 cases,

abundant caution is being maintained, while hearing the matters

in Court, for the safety of all concerned.

2.          The petitioner has preferred this criminal misc. petition

praying therein that order dated 12.05.2021 passed by learned

Additional Sessions Judge, Sojat, District Pali, in Criminal Misc.

Case No.92/2021 (CIS No.92/2021) be quashed and set aside

whereby the said court below while rejecting the application under

Section 451 Cr.P.C., refused to release Maruti Van No.RJ09UA

7508 to the petitioner. The said vehicle was seized in connection

with FIR No.07/2021 P.S. Shivpura, District Pali for the offence

under Section 8/18, 25 & 29 NDPS Act.

3.          The learned counsel for the petitioner has stated at Bar

that no confiscation proceedings are pending qua the vehicle in


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                                   question and the same is case property. 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.


                                   4.             Learned Public Prosecutor is not in a position to refute

                                   the above position.


                                   5.             Relying upon the judgment of the Supreme Court in the

                                   case of Sunderbhai Ambalal Desai (supra), the present misc.

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

                                   vehicle Maruti Van No.RJ09UA 7508 on supardaginama in favour of

                                   petitioner on usual conditions, which the trial court deems fit,

                                   provided he furnishes a bank guarantee of Rs.1,25,000/- with 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.

79-Nirmala/Sanjay-

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