Unkarlal vs State Of Rajasthan
2021 Latest Caselaw 15910 Raj

                       (1 of 2)                                  [CRLR-416/2021]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        JODHPUR

S.B. Criminal Revision Petition No. 416/2021

Unkarlal S/o Chunnilal Dhakad, Aged 31 years, R/o Ummedpura, PS Singoli, District Neemch (MP)

----Petitioner Versus State Of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Hukum Singh For Respondent(s) : Mr. SS Rajpurohit, Pp

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

21/10/2021

Petitioner has filed this criminal revision petition under Section

397/401 Cr.P.C. to assail the impugned judgment dated 05.04.2021

passed by Learned Special Judge, NDPS Cases No.2, Chittorgarh (for

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

the application under Section 451 Cr.P.C., moved by the petitioner for

releasing the vehicle Tractor Trolley Bearing No.MP-44-AB-0547.

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 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

(2 of 2) [CRLR-416/2021]

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 revision petition is allowed and the

order dated 05.04.2021 is hereby quashed and set aside and the

vehicle Tractor Trolley Bearing No.MP-44-AB-0547 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 said vehicle in the Court as and when required to do so.

(b) the petitioner shall get the said 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 residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of the said vehicle 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 said vehicle 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 201-MS/-

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