Ashok vs State
2021 Latest Caselaw 16718 Raj

Citation : 2021 Latest Caselaw 16718 Raj
Judgement Date : 10 November, 2021

Rajasthan High Court - Jodhpur

Ashok vs State on 10 November, 2021

Bench: Rameshwar Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Revision Petition No. 645/2020

Ashok S/o Shri Jora Ram, aged about 26 years, R/o Lohawat, District Jodhpur.

                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Dola Ram
For Respondent(s)         :     Mr. N.S. Bhati, Public Prosecutor



          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                     Order

10/11/2021

The petitioner has preferred this criminal revision petition

under Section 397/401 of Cr.P.C. against the Order dated

04.09.2020 passed by the Special Judge, N.D.P.S. Act Cases,

Jodhpur in Criminal Case No. 237/2020 pertaining to FIR

No. 134/2020 registered at the Police Station Basni, District

Jodhpur for the offence under Section 8/18 of N.D.P.S. Act,

whereby the prayer to release the seized Maruti Swift Dzire car on

supurdaginama in favour of the petitioner, has been rejected.

As per the facts of the case, on 23.06.2020, during the

course of Nakabandi, the petitioner was found with 1.600 kgs.

Opium being carried by him in the subject swift car, upon which,

the criminal case was registered against him under the provisions

of the N.D.P.S. Act. After investigation, the charge-sheet was filed

against the petitioner under Section 8/18 of the N.D.P.S. Act.

During investigation, the accused-petitioner filed an application

(2 of 4) [CRLR-645/2020]

under Section 457 of Cr.P.C. seeking release of seized vehicle on

supurdaginama, which has been rejected by the trial court vide

order impugned dated 04.09.2020 on the ground that the subject

car is liable to be confiscated under the provisions of the N.D.P.S.

Act and the possibility of using the subject vehicle again in

committing the offence cannot be ruled out. Being aggrieved with

the above order, this revision petition has been filed by the

petitioner.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record as well as

order impugned.

As per provisions of Section 60 of the N.D.P.S. Act, the

vehicle used in carrying the narcotic substance can be confiscated

only after the final judgment of the case. In appropriate

circumstances e.g. if the owner succeeds to prove that it was used

without knowledge or connivance of the owner himself, then it

would not be necessary to order confiscation of the vehicle. In

these circumstances, it would not correct on the part of the trial

court to reject the application on the ground that the vehicle is

liable to be confiscated.

Now, it is well settled that interim release of vehicle cannot

be denied on the ground that the vehicle has been seized under

the N.D.P.S. Act. In the present case, it is not in dispute that the

petitioner is registered owner of the Maruti Swift Desire Car No.

RJ-43-CA-0918 as mentioned in the order impugned. The trial of

the case is likely to consume sufficient time to complete. If the

vehicle is allowed to remain in the custody of the police till

completion of the trial, then value of the vehicle shall be

(3 of 4) [CRLR-645/2020]

diminished substantially and it may be possible that the vehicle

may not remain in usable conditions.

Hon'ble Apex Court in the case of Sunderbhai Ambalal

Desai vs. State of Gujarat reported in (2002) 10 SCC 283

also, approves the release of the vehicle on supurdagi in such type

of cases.

Learned Public Prosecutor is not in a position to refute the

above position.

Relying upon the judgment of the Hon'ble Supreme Court in

the case of Sunderbhai Ambalal Desai (supra), present criminal

revision petition is allowed. The impugned Order dated

04.09.2020 passed by the trial court is set aside and the Maruti

Swift Dzire Car No. RJ-43-CA-0918 is ordered to be released on

'supurdagi' till the completion of the trial on the following

conditions:-

a) the petitioner shall furnish a personal bond in the sum of Rs. 6,00,000/- with two sureties of Rs. 3,00,000/- each to the satisfaction of the trial court undertaking to produce the vehicle Maruti Swift Dzire bearing Registration No. RJ- 43-CA-0918 (Chassis No. MA3FJEB1S00667148 and Engine No. D13A2510086) in the Court as and when required to do so.

b) the petitioner shall get the Maruti Swift Dzire Car 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 bond of the petitioner and bonds of



                                                                            (4 of 4)                [CRLR-645/2020]

sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photograph of persons 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 Dzire car 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 Maruti Swift Dzire bearing Registration No. RJ-43-CA- 0918 (Chassis No. MA3FJEB1S00667148 and Engine No. D13A2510086) to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.