Rajasthan High Court - Jodhpur
Kishnaram vs State Of Rajasthan on 4 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1373/2021
Kishnaram S/o Shri Ramuram, Aged About 39 Years, R/o
Kapuriya, Police Station Matoda, District Jodhpur, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Chandrasen Rathore
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/03/2021
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. praying that the order dated 12.02.2021
passed by learned Special Judge NDPS Cases, Jodhpur, in Criminal
Misc. Appl No.73/2021, whereby the learned trial Court rejected
the application under Section 451 Cr.P.C., moved by the petitioner
for releasing the vehicle Scorpio bearing Registration No.RJ-19-
UD-1565.
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-1373/2021]
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 through
Video Call 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 trial court is directed to release the vehicle Scorpio
bearing Registration No.RJ-19-UD-1565 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 Scorpio bearing
Registration No.RJ-19-UD-1565 in the Court as and
when required to do so.
(b) the petitioner shall get the Scorpio bearing
Registration No.RJ-19-UD-1565 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-1373/2021]
(d) the petitioner shall undertake not to transfer the
ownership of the Scorpio bearing Registration No.RJ-
19-UD-1565 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 Scorpio bearing
Registration No.RJ-19-UD-1565 for the purpose of
carrying narcotics which may constitute offence
under the NDPS Act."
(MANOJ KUMAR GARG),J
76-Ishan/-
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