Premchand Gurjar vs State Of Rajasthan
2021 Latest Caselaw 10699 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 1317/2019

Premchand Gurjar S/o Devi Lal @ Devaji Gurjar, Aged About 20
Years, By Caste Gurjar, R/o Village Delas, Raipur Police Station,
District Bhilwara.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. TRS Sodha
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

13/07/2021

     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.

     The petitioner has preferred this criminal misc. petition

praying that the order dated 18.09.2019 passed by learned

Special Judge, N.D.P.S. Act Cases, Bhilwara in Criminal Misc. Case

No.24/2019 be set aside, whereby the said Court refused to

release the vehicle Alto Car bearing registration No.GJ-01-HQ-

6716 to the petitioner.

     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.



                     (Downloaded on 13/07/2021 at 08:57:48 PM)
                                                                           (2 of 2)                  [CRLR-1317/2019]



                                        Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                        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 Alto

                                   Car bearing registration No.GJ-01-HQ-6716 on supardaginama in

                                   favour of petitioner on usual conditions, which                  the trial court

                                   deems    fit,   provided    he     furnishes         a    bank   guarantee    of

                                   Rs.1,00,000/- with the trial court.

                                        Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

42-Sudheer/-

Powered by TCPDF (www.tcpdf.org)