Rajasthan High Court - Jodhpur
Ummed Khan vs State on 18 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 341/2021
Ummed Khan S/o Mumtaj Khan, Aged About 35 Years, R/o
Ranasar Tehsil And District Churu, Rajasthan.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/03/2021
Petitioner has filed this criminal misc. petition under Section
482 Cr.P.C. to assail the impugned judgment dated 21.12.2020
passed by Learned Special Judge, NDPS, Act Cases, Rajgarh,
Churu in Criminal Misc. Application No.39/2020 whereby the
learned trial Court, rejected the application under Section 451
Cr.P.C., moved by the petitioner for releasing the Vehicle Fortuner
No.RJ-22 UA-2491, Engine No.1KDU026843, Chasis
No.MBJ11JV61040028050512.
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
aforesaid judgment, the vehicle and other articles were seized
(2 of 3) [CRLMP-341/2021]
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 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. Accordingly, the instant misc. petition is allowed
and the order dated 21.12.2020 is hereby quashed and set aside
and the Vehicle Fortuner No.RJ-22 UA-2491, Engine
No.1KDU026843, Chasis No.MBJ11JV61040028050512 in question
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.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 fourtuner in
the Court as and when required to do so.
(b) the petitioner shall get the 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
(3 of 3) [CRLMP-341/2021]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle fortuner 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 Fortuner
No.RJ-22 UA-2491, Engine No.1KDU026843, Chasis
No.MBJ11JV61040028050512 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
11-Samvedana/-
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