Rajasthan High Court - Jodhpur
Vikas vs State on 1 March, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 652/2020
Vikas S/o Jeewanlal, Aged About 39 Years, By Caste Brahamin,
Resident Of Ward No. 11 Lane No. 10 Krishna Nagar Amloh Road
Khanna District Ludhiana Punjab.
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Abhishek Mehta
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
01/03/2021
The present criminal misc. petition under Section 482 Cr.P.C.
has been filed on behalf of the petitioner to assail the impugned
judgment dated 21.01.2020 passed by learned Special Judge,
NDPS Act Cases, Rajgarh, Churu in Criminal Misc. Case No.4/2020
pertaining to the FIR No.146/2019 of Police Station Taranagar,
District Churu whereby the learned trial Court rejected the
application under Section 451 Cr.P.C. filed on behalf of the
petitioner for releasing of the vehicle Truck No. PB 10 FV 3817,
Engine No.01K62942922, Chassis No.MAT448176A0N18432.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material available on record.
Learned counsel for the petitioner stated that Truck No. PB
10 FV 3817 is seized by the Police for carrying contraband articles.
He further stated that the trial Court had erred in rejecting the
application filed on behalf of the petitioner for release of vehicle
(2 of 3) [CRLMP-652/2020]
under Section 451 Cr.P.C. Learned counsel for the petitioner in
corroboration to his arguments has relied upon the order dated
05.12.2020 in Jagdish Singh Vs. State of Rajasthan in S.B.
Criminal Misc.(Pet.) No.1809/2019 passed by Co-ordinate Bench
of this Court and requested the release of the Truck No. PB 10 FV
3817 of the petitioner.
Per contra learned Public Prosecutor opposed the present
petition and stated that as per documents, on 26.06.2019, power
of attorney was given in favour of Chamkor Singh S/o Sukhdev
Singh, resident of Balala, Tehsil Samrala, District Ludhiyana,
Punjab.
The trial Court while rejecting the application filed by the
petitioner under Section 451 Cr.P.C relied upon the judgment of
Hon'ble the Supreme Court in the case of State of Karnataka Vs.
K. Krishan reported in 2000 CRLJ 3971 SC.
Subsequently, guidelines issued by Hon'ble the Supreme
Court in the case of Sunderbhai Ambalal Desai Vs. State of
Gujarat reported in 2002 (10) SCC 283 and Co-ordinate Bench of
this Court that conditional release of the vehicle cannot be denied,
therefore, without expressing any opinion on merit or demerit of
this case, this Court is of the opinion that the instant misc.
petition deserves to be allowed and the order passed by learned
trial Court dated 21.01.2020 deserves to be quashed and set
aside and the Truck in question deserves to be released on
supurdaginama.
Accordingly, the present misc. petition is allowed; order and
judgment of the trial Court is quashed and set aside and Truck
No.PB 10 FV 3817, Engine No.01K62942922, Chassis
No.MAT448176A0N18432 is ordered to be released on
(3 of 3) [CRLMP-652/2020]
'supurdaginama' till the completion of the trial upon following
conditions:-
(a) the petitioner furnishes a personal bond in the
sum of ₹6,00,000/- each with two sureties of
₹3,00,000/- each to the satisfaction of the trial Court
undertaking to produce the truck in the court as and
when required to do so.
(b) the petitioner shall get the truck's coloured
photographed showing the registration number as well
as the chassis number. Such coloured photographs
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 coloured photographs of the
petitioner as well as 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.
(d) the petitioner shall undertake not to transfer the
ownership of the truck 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 Truck No. PB 10 FV
3817, Engine No.01K62942922, Chassis No.
MAT448176A0N18432 to be used for any antisocial
activities including for the purpose of carrying
narcotics which may constitute offence under the
NDPS Act."
(DEVENDRA KACHHAWAHA),J
14-Arvind/-
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