M/S Naman Petro Pvt Ltd vs State Of Rajasthan
2021 Latest Caselaw 9755 Raj

Citation : 2021 Latest Caselaw 9755 Raj
Judgement Date : 8 June, 2021

Rajasthan High Court - Jodhpur

M/S Naman Petro Pvt Ltd vs State Of Rajasthan on 8 June, 2021

Bench: Devendra Kachhawaha Judge)

(1 of 3) [CRLMP-2832/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2832/2021

M/s Naman Petro Pvt Ltd., Through Director Gautam Rajpurohit S/o Kan Singh Rajpurohit, Resident Of Safed Akda Marg, Barmer Gadan, Tehsil And District Barmer.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. A.A. Bhansali, through VC For Respondent(s) : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA (VACATION JUDGE)

Order

08/06/2021

The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. praying that the order dated

28.05.2021 passed by learned Additional Chief Judicial

Magistrate No.2, Jalore in Criminal Case No.97/2021 be set

aside, whereby the said Court rejected the application filed

by the petitioner under Section 457 Cr.P.C for releasing the

vehicle Tata Tanker No. RJ 19 GB-0481 on supurdaginama.

The petitioner has preferred an application under

Section 457 Cr.P.C. releasing the vehicle Tata Tanker No. RJ

19 GB-0481 on supurdaginama. The said vehicle was seized

pursuant to FIR No.192/2021 Police Station Sanchore

District Jalore for the offence under Section 3/7 of the

Essential Commodities Act. The application was rejected by

(2 of 3) [CRLMP-2832/2021]

Additional Chief Judicial Magistrate No.2, Jalore vide order

dated 28.05.2021. Hence, this misc. petition.

Learned counsel for the petitioner submits that the

petitioner is the registered owner of the subject vehicle and

that is the only source of livelihood of the petitioner. The

petitioner has been made to run from one Court to another

for releasing of the subject vehicle on Supurdaginama.

Learned counsel for the petitioner has relied upon

judgments rendered by co-ordinate Bench of this Court in

case of S.B. Criminal Misc. Petition No.1350/2020 (Smt.

Devali Bai Vs. State) and S.B. Criminal Misc. Petition

No.2943/2018 (Pradeep Kumar Vs. State of Rajasthan) in

which ratio has been decided in the light of the judgment of

Apex Court in the case of 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.

Learned Public Prosecutor does not controvert the

above position of law and stated that appropriate conditions

may be imposed.

I have considered the submissions and perused the

material available on record.

In the opinion of this Court, I considered it appropriate

to release the subject vehicle on Supurdaginama as the only

source of livelihood of the petitioner is earning from plying

of the subject vehicle. The seizure of the Tata Tanker in the

police station shall deteriorate the condition of the Tata

Tanker which can render it unplayable.

(3 of 3) [CRLMP-2832/2021]

Relying upon the judgment of the Supreme Court in

the case of Sunderbhai Ambalal Desai (supra), the

present misc. petition is allowed and the order dated

28.05.2021 passed by learned Additional Chief Judicial

Magistrate No.2, Jalore is set aside. The trial Court is

directed to release the vehicle Tata Tanker bearing

Registration No. RJ 19 GB-0481 seized as case property by

imposing following conditions :-

(1) That the petitioner shall keep the vehicle so released intact and shall not change its identification.

(2) That the petitioner shall produce the vehicle as and when trial Court requires the same for proposed identification of the case property. (3) That the petitioner shall execute Supurdaginama/idemnity bond and bonds by two sureties to the satisfaction of the trial Court. (4) 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.