Goverdhan Lal vs State Of Rajasthan
2021 Latest Caselaw 10141 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 2745/2021

Goverdhan Lal S/o Panna Lal, Aged About 32 Years, Pavali, Police
Station Rashmi, District Chittorgarh (Rajasthan).
                                                                  ----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 18.05.2021 passed by learned

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

Case No.97/2021 (CIS No.97/2021) be quashed and set aside

whereby the said court below while rejecting the application under

Section 451 Cr.P.C., refused to release Datsun Redi-Go No.RJ06-

CD-2074 to the petitioner. The said vehicle was seized in

connection with FIR No.09/2021 P.S. Bagrinagar, District Pali for

the offences under Section 8/18, 8/18 read with Section 25 of

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 Datsun Redi-Go No.RJ06-CD-2074 on supardaginama in

                                   favour of petitioner on usual conditions, which the trial court

                                   deems    fit,   provided      he     furnishes         a    bank    guarantee    of

                                   Rs.2,15,000/- 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.

80-Nirmala/Sanjay-

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