Ramotar Pareek vs State Of Rajasthan
2021 Latest Caselaw 9881 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 2654/2021

Ramotar Pareek S/o Sh. Laduram Pareek, Aged About 48 Years,
B/c Brahmin, R/o Kumharo Ka Mohalla, Ward No. 11, Fatehpur,
Dist. Sikar (Raj.).
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Swaroop Singh Sisodia on VC
For Respondent(s)          :     Mr. Mukesh Trivedi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

29/06/2021

     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 30.04.2021 passed by learned

Special Judge (N.D.P.S. Cases), Ratangarh, District Churu in

Criminal Case No.12/2021 be set aside, whereby the said Court

refused to release the Nissan Datsun Car bearing registration

No.RJ-23-CC-8051 to the petitioner.

     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.



                      (Downloaded on 30/06/2021 at 08:27:12 PM)
                                                                         (2 of 2)                    [CRLMP-2654/2021]



                                        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 misc. petition is

                                   allowed and the trial court is directed to release the Nissan Datsun

                                   Car bearing registration No.RJ-23-CC-8051 on supardaginama in

                                   favour of petitioner on usual conditions, which                  the trial court

                                   deems    fit,   provided    he     furnishes         a    bank    guarantee    of

                                   Rs.2,00,000/- 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),J.

84-Sudheer/-

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