Mukesh Lamba vs State
2021 Latest Caselaw 11650 Raj

                                     (1 of 2)                   [CRLMP-1700/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 1700/2021

Mukesh Lamba S/o Inderlal, Aged About 23 Years, R/o Village
Rukhasar, Tehsil Ratangarh, Dist. Churu.
                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Pankaj Kumar Gupta
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/07/2021

     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 misc. petition praying that

the order dated 23.02.2021 passed by learned Special Judge,

NDPS Cases, Ratangarh, Churu in Criminal Application No.10/2021

arising out of FIR No.35/2021 Police Station Ratangarh, Churu,

whereby the learned court has rejected the application of the

petitioner filed under Section 451 Cr.P.C.

     Learned counsel for the petitioner has stated at Bar that no

confiscation proceedings are pending qua the vehicle in 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


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                                   parked in the police station as same shall gather rust and shall not

                                   remain useful.

                                        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 petition is

                                   allowed and the trial court is directed to release the motorcycle

                                   bearing registration No. RJ44 SD 4754 on supardaginama in favour

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

                                   provided he furnishes a bank guarantee of Rs.30,000/- with the

                                   trial court. The disposal of the bank guarantee shall be in

                                   accordance with the final directions to be passed by the learned

                                   trial court after conclusion of the trial.

                                        Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.



                                                                  (DR.PUSHPENDRA SINGH BHATI),J.

32-Zeeshan

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