Rajasthan High Court
Rekha Sharma Wife Of Sumit Sharma @ ... vs State Of Rajasthan on 30 July, 2021
Bench: Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 655/2021
Rekha Sharma Wife Of Sumit Sharma @ Raja, Aged About 31
Years, Resident Of Surya Nagar Colony, Ward No. 23, Behind
Panchayat Samiti Bandikui, Police Station Bandikui, District
Dausa At Tenent Of 29A/f 2/26 Godwari Apartment, Sector -29,
Pratap Nagar, Jaipur
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Shantanu Bansal
For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
30/07/2021
This criminal miscellaneous petition has been filed
against the order dated 19.5.2021 passed by the learned Special
Judge, NDPS Cases, Jaipur Metropolitan Jaipur-I whereby, the
application filed by the accused-petitioner under Section 451 of
CrPC for releasing the EON vehicle No.RJ-11-CA-3598 has been
dismissed.
It is contended by the learned counsel for the petitioner
that the petitioner is registered owner of the vehicle in question
there is no other rival claim for its release. Relying on the
judgments of the Hon'ble Apex Court of India in cases of
Sunderbhai Ambalal Desai vs.State of Gujarat, (2002) 10
SCC 290 and Coordinate Bench Judgments dated
14.08.2012 in S.B. Criminal Miscellaneous Petition
(2 of 3) [CRLR-655/2021]
No.2682/2012, Phool Singh vs. State of Rajasthan and in
cases of Bal Mikand vs. State, 1994 Cri Lr (Raj) 4, Prakash
Chand vs. State of Rajasthan, S.B. Criminal Miscellaneous
Petition No.416/2010 decided on 12.03.2010 & Laxman vs.
State of Rajasthan, S.B. Criminal Miscellaneous Petition
No.61/2018 decided on 16.04.2018, learned counsel submitted
that vehicle be given to the petitioner on furnishing
'supurdginama'.
Opposing the prayer, learned Public Prosecutor
submitted that vehicle in question was used for commission of
offence under the provisions of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for brevity "the Act of 1985")
and can be subject-matter of confiscation under Section 60 of the
Act of 1985 and hence, the petitioner is not entitled for release of
the vehicle in his favour.
Heard learned counsels for the parties and perused the
record.
It is undisputed that petitioner is registered owner of
the vehicle in question which has not been claimed by any other
person. Now, it is no more res integra that vehicle seized under
the provisions of the Act of 1985 can be released in favour of its
registered owner; though, may be an accused, if no order of
confiscation has been passed, which has not been done in the
present case.
In these circumstances, this criminal miscellaneous
petition deserves to be allowed and is accordingly allowed. The
order dated 19.5.2021 passed by the learned Special Judge, NDPS
Cases, Jaipur Metropolitan Jaipur-I is quashed and set aside. It is
(3 of 3) [CRLR-655/2021]
directed that EON Vehicle No.RJ-11-CA-3598 be released in favour
of the petitioner on 'supurdginama' on his producing original
registration certificate and on satisfying following conditions:-
(1) He furnishes a personal bond in the sum of
Rs.2,00,000/- with two sureties of Rs.1,00,000/-
each to the satisfaction of the trial Court
undertaking to produce the vehicle in question in
the Court as and when required to do so.
(2) He shall get the vehicle in question
photographed showing the registration number as
well as the chassis number. Such photograph shall
be taken in the presence of the Investigating
Officer, to be kept on the file of the case.
(3) The personal bonds of the petitioner and bonds
ofsureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photographs of persons
identifying them before the Court with full
residential particulars of the sureties and the
persons identifying them.
(4) The petitioner shall undertake not to transfer
the ownership of the vehicle in question and not to
lease it to any one and not to make or allow any
changes init to be made so as to make
unidentifiable.
(GOVERDHAN BARDHAR),J
Dheeraj/51
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