Rajasthan High Court - Jodhpur
Nirmal Singh vs State Of Rajasthan on 8 November, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Misc(Pet.) No. 5853/2021
Nirmal Singh S/o Darshan Singh, Aged About 40 Years, B/c Sikh,
R/o H.no. 745, Ishar Nagar, Tehsil Ludhiana-Punjab, Power Of
Attorney Holder Gurvindra Kaur W/o Nirmal Singh, B/c Sikh, R/o
H.no. 745, Ishar Nagar, Teh. Ludhiana-Punjab.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pritam Solanki.
For Respondent(s) : Mr. Mool Singh Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/11/2021
Petitioner through Power of Attorney Holder has filed this
criminal misc. petition under Section 482 Cr.P.C. to assail the
impugned order dated 25.01.2021 passed by Learned Special
Judge (N.D.P.S. Cases), Ratangarh District Churu (for short,
'learned trial Court') whereby the learned trial Court rejected the
application under Section 457 Cr.P.C., moved by the petitioner for
releasing the vehicle Truck No. PB-10-GX-4128 on 'supurdagi'.
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-5853/2021]
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 coordinate
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 25.01.2021 is hereby quashed and set aside and the
vehicle Truck No. PB-10-GX-4128 in question is ordered to be
released on 'supardagi' 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 Truck No. PB-10-GX-
4128 in the Court as and when required to do so.
(b) the petitioner shall get the vehicle Truck
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.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle Truck and not to lease it to
(3 of 3) [CRLMP-5853/2021]
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 Truck bearing
No. PB-10-GX-4128 to be used for any antisocial
activities including for the purpose of carrying narcotics
which may constitute offence under the NDPS Act."
(f) the petitioner will be given the custody of the vehicle
bearing Truck No. PB-10-GX-4128, if he furnishes a
bank guarantee of Rs. 5,00,000/-(Rupees Five Lakhs
Only) before the trial court for the release of the
vehicle through Power of Attorney.
(VINIT KUMAR MATHUR),J
41-Anil Singh/-
Powered by TCPDF (www.tcpdf.org)
