Birbalram vs State
2021 Latest Caselaw 6370 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 371/2021

Birbalram S/o Sh. Arjunram, Aged About 35 Years, B/c Bishnoi, R/o Dhana Nada, Rohicha Kallan, P.s. Luni, Dist. Jodhpur.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Kishan Bishnoi For Respondent(s) : Mr. Mukhtiyar Khan, 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 08.01.2021

passed by learned Special Judge, NDPS Act Cases, Jodhpur in

Criminal Misc. Case No.17/2021, be set aside, whereby the said

court refused to release the Maruti Swift Car bearing Registration

No.RJ-19-CK-2134 Chasis No.MBHCZC63SLK654918, Engine

No.K12MP1279002 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

(2 of 3) [CRLMP-371/2021]

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 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 08.01.2021 passed by the trial Court is

hereby quashed and the the trial court is directed to release the

Maruti Swift Car bearing Registration No.RJ-19-CK-2134 Chasis

No.MBHCZC63SLK654918, Engine No.K12MP1279002 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 Maruti Swift Car bearing Registration No.RJ-19-CK-2134 Chasis No.MBHCZC63SLK654918, Engine No.K12MP1279002 in the Court as and when required to do so.

(b) the petitioner shall get the Maruti Swift Car bearing Registration No.RJ-19-CK-2134 Chasis No.MBHCZC63SLK654918, Engine No.K12MP1279002 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

(3 of 3) [CRLMP-371/2021]

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.

(d) the petitioner shall undertake not to transfer the ownership of the Maruti Swift Car bearing Registration No.RJ-19-CK-2134 Chasis No.MBHCZC63SLK654918, Engine No.K12MP1279002 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 Maruti Swift Car bearing Registration No.RJ-19-CK-2134 Chasis No.MBHCZC63SLK654918, Engine No.K12MP1279002 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 83-Ishan/-

Powered by TCPDF (www.tcpdf.org)