Sajid Khan S/O Mohammad Khan vs State Of Rajasthan
2021 Latest Caselaw 2779 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2731/2021

Sajid Khan S/o Mohammad Khan, Aged About 30 Years, R/o Plot
No.    02,   Rahim     Nagar,       Manpur         Sadva,        Ramgarh   Road,
Jaisinghpura Shekhavatan, Jaipur, At Present Manpur Near Badi
Masjid, Brahmpuri, Jaipur . (Owner Of Car Bearing Registration
Number Rj14-Lc-5177 )
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                  ----Respondent

For Petitioner(s) : Mr. Ankit Khandelwal, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/07/2021

The present petition has been filed under Section 482 Cr.P.C.,

praying that the order dated 23.03.2021 passed by Special Judge

N.D.P.S., Cases, Jaipur Metropolitan-I, be set aside, whereby the

said court refused to release car bearing registration No.RJ14-LC-

5177 to the petitioner.

The learned counsel for the petitioner has contended that

petitioner is a registered owner of the vehicle in question.

The learned counsel for the petitioner has stated at Bar that

no confiscation proceedings are pending qua the vehicle and the

same is case property of case FIR No.572/2019 registered at

Police Station Moti Dungari, Jaipur for the offence under Sections

8/21, 8/25 and 8/29 of NDPS Act.

I have heard the learned counsel for the parties.

(2 of 2) [CRLMP-2731/2021]

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 the Supreme Court in the case

of Sunderbhai Ambalal Desai (supra), present petition is

allowed and the trial court is directed to release the vehicle seized

as case property by imposing following conditions:-

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

Needless to say, trial court shall make verification that the

petitioner is a registered owner of the vehicle.

(NARENDRA SINGH DHADDHA),J

Jatin/40

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