Rajasthan High Court
Bholu S/O Sh. Ramsingh vs State Of Rajasthan on 9 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1733/2021
Bholu S/o Sh. Ramsingh, R/o Thinkurudi, Tehsil Mundawar
District Alwar.
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr.Asgar Khan, Adv.
For Respondent(s) : Mr.Prashant Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/03/2021
Petitioner has filed this misc.petition under Section 482
Cr.P.C. to assail the impugned order dated 21.12.2020 passed by
Learned Special Judge, NDPS Act Cases, Kishangarhbas, Distt.
Alwar in Criminal Regular Case No.03/2020 (CIS No.03/2020) [for
short, 'learned trial Court'] whereby the learned trial Court
rejected the application under Section 457/451 Cr.P.C., moved by
the petitioner for releasing the vehicle i.e. Motorcycle bearing
registration No.RJ-02 GB 3319, Chasis No.MD2A7CAY0JRF91478 ,
Engine No.PFYRJF67155.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
(2 of 3) [CRLMP-1733/2021]
aforesaid judgment, the vehicle and other articles were seized
from the accused for carrying contraband of small quantity just
above the commercial quantity. It is in that background, the Court
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and
coordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the instant misc. petition is allowed and the
order dated 21.12.2020 is hereby quashed and set aside and the
vehicle, Motorcycle, bearing Registration No.RJ-02 GB 3319,
Chasis No.MD2A7CAY0JRF91478, Engine No.PFYRJF67155 is
ordered to be released on 'supardgi' till the completion of the trial
upon following conditions:-
(a) the petitioner furnishes a personal bond in the sum of
Rs.60,000/- each with two sureties of Rs.30,000/- each to
the satisfaction of the trial Court undertaking to produce the
said vehicle in the Court as and when required to do so.
(b) the petitioner shall get the said vehicle 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.
(c) the personal bonds of the petitioner and bonds of sureties
shall carry the photographs of the petitioner and his sureties
and the bond of sureties shall further carry the photograph
of perhaps identifying them before the Court which is with
full residential particulars of the sureties and the persons
identifying them.
(3 of 3) [CRLMP-1733/2021]
(d) the petitioner shall undertake not to transfer the ownership
of the said vehicle and not to lease it to anyone and not to
make or allow any changes in it to be made so as to make
unidentifiable.
(e) the petitioner will not allow the said vehicle to be used for
any antisocial activities including for the purpose of carrying
narcotics which may constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J
NK/229
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