Samim vs State
2021 Latest Caselaw 15798 Raj

Citation : 2021 Latest Caselaw 15798 Raj
Judgement Date : 20 October, 2021

Rajasthan High Court - Jodhpur

Samim vs State on 20 October, 2021

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 904/2021

Samim S/o Sh. Habib Ali, Aged About 35 Years, B/c Musalman, R/o H.no. 313/27/743 Gali No. 19 Ambedkar Lohra District Ludhiyana Punjab Through Power Of Attorney Holder Firoj Ali S/o Sh. Ramjan Mohmad, Musalman, R/o Saroj Thana Akberpur Sena, Tehsil Maler Kotla, District Sangrur (Punjab).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Vineet Jain
                                 Mr. Pravin Vyas
For Respondent(s)          :     Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/10/2021

Petitioner through Power of Attorney Holder has filed this

criminal misc. petition under Section 482 Cr.P.C. to assail the

impugned judgment dated 27.01.2021 passed by Learned

Additional Session Judge, Gulabpura, District Bhilwara (for short,

'learned trial Court') whereby the learned trial Court rejected the

application under Sections 451, 457 Cr.P.C., moved by the

petitioner for releasing the vehicle Truck No. PB-10-FV-1117 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.

(2 of 3) [CRLMP-904/2021]

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

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 27.01.2021 is hereby quashed and set aside and the

vehicle Truck No. PB-10-FV-1117 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 bearing No. PB-10-FV-1117 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

(3 of 3) [CRLMP-904/2021]

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 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-FV-1117 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 No. PB-10-FV-1117, if he furnishes a bank guarantee of Rs. 7,00,000/- before the trial court for the release of the vehicle through Power of Attorney.