Rajasthan High Court - Jodhpur
Dhanesh Chand vs State Of Rajasthan on 3 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1348/2021
Dhanesh Chand S/o Sh. Bola Ram, Aged About 35 Years, R/o
Barso (Rural), P.s. Kumher, Dist. Bharatpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Mool Singh Bhati, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/03/2021
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. praying that the order dated 16.02.2021
passed by learned Addl. Sessions Judge, Gulabpura, District
Bhilwara, in Criminal Misc. Case No.47/2021, be set aside,
whereby the said court refused to release the vehicle Swift Dezire
Car bearing Registration No.RJ-14-VC-9743 to the petitioner.
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
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
(2 of 3) [CRLMP-1348/2021]
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 co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Relying upon the judgment of the Supreme Court in the case
of Sunderbhai Ambalal Desai (supra), present petition is allowed
and the order dated 16.02.2021 passed by the trial Court is
hereby quashed and the the trial court is directed to release the
vehicle Swift Dezire Car bearing Registration No.RJ-14-VC-9743
seized as case property by imposing following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.6,00,000/- each with two sureties of
Rs.3,00,000/- each to the satisfaction of the trial
Court undertaking to produce the vehicle Swift Dezire
Car bearing Registration No.RJ-14-VC-9743 in the
Court as and when required to do so.
(b) the petitioner shall get the vehicle Swift Dezire
Car bearing Registration No.RJ-14-VC-9743
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-1348/2021]
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle Swift Dezire Car bearing
Registration No.RJ-14-VC-9743 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 vehicle Swift
Dezire Car bearing Registration No.RJ-14-VC-9743 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
94-Ishan/-
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