Pema Ram vs State Of Rajasthan
2021 Latest Caselaw 9808 Raj

(1 of 2) [CRLR-291/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 291/2021

Pema Ram S/o Chetan Ram, Aged About 49 Years, By Caste Jat, R/o Village Chutaraniyo Ki Dhani, Tehsil Baytu, Barmer.

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Ms. Parbha Choudhary, on VC For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI (VACATION JUDGE)

Order

22/06/2021

In the wake of second surge in the COVID-19 cases, the

Court is functioning virtually and abundant caution is being

maintained for the safety of all concerned.

The petitioner has preferred this criminal misc. petition

praying that the order dated 01.03.2021 passed by learned

Special Court, SC/ST (Prevention of Atrocities Act Cases), Barmer

in Sessions Case NO.337/2017 (103/17), be set aside, whereby

the said Court refused to release the vehicle Diesel Tankers

bearing registration No.RJ-39-GA-2199 to the petitioner. The said

vehicle was seized in connection with CR No.191/2017 registered

at P.S. Sadar, Barmer for the offence under Section 407, 420 &

120-B of IPC and Section 3/7 of Essential Commodities Act.

The learned counsel for the petitioner has stated at Bar that

no confiscation proceedings are pending qua the vehicle in

(2 of 2) [CRLR-291/2021]

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 parked in the police station as same shall gather rust

and shall not remain useful.

Learned counsel for the respondents 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 Diesel

Tankers bearing registration No.RJ-39-GA-2199 on supardaginama

in favour of petitioner on usual conditions, which the trial court

deems fit, provided he furnishes a bank guarantee of

Rs.5,00,000/- 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),VJ.

61-/Sanjay/Jitender//-

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