Rekha Devi vs State Of Rajasthan
2021 Latest Caselaw 10379 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 2028/2021

Rekha Devi W/o Sh. Jawahar Singh, Aged About 43 Years, R/o
H.no. 10, Quadian Road, Niranjan Avenue, Batala, Teh. Batala,
Dist. Gurdaspur, Punjab Through His Power Of Attorney Holder
Gurjeet Singh S/o Joginder Singh, Aged About 60 Years, R/o
225, State Enclave, Focal Point, Ward No. 5, Rajpura, Teh.
Rajpura, Dist. Patiala (Punjab).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Sangram Singh
For Respondent(s)        :     Mr. M.S. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

08/07/2021
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 present petition has been filed under Section 482 Cr.P.C.,

praying that the order dated 20.03.2021 passed by Additional

Chief Judicial Magistrate No.2, Chittorgarh be set aside whereby

the said court refused to release vehicle i.e. Tanker No.PB-06-V-

9226 alongwith material lying in it to the petitioner.

3.   The learned counsel for the petitioner stated at Bar that no

confiscation proceedings are pending qua the Tanker and the same

is case property of case FIR No.68/2021 registered at Police

Station Sadar, Chittorgarh.



                    (Downloaded on 08/07/2021 at 09:02:46 PM)
                                                                         (2 of 2)                   [CRLMP-2028/2021]


                                   4.   I have heard the learned counsel for the parties.

                                   5.   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 Supreme Court in the case of

                                   Sunderbhai Ambalal Desai (supra), present petition is allowed

                                   and the trial court is directed to release Tanker (PB-06-V-9226)

                                   seized as case property by imposing following conditions:-

                                        a) That the petitioner shall keep the vehicle so released
                                        intact and shall not change its 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.


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

                                   petitioner is a registered owner of the vehicle.


                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

53-Sudheer/-

Powered by TCPDF (www.tcpdf.org)