Rajasthan High Court - Jodhpur
Kailash Chandra Gurjar vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 862/2021
Kailash Chandra Gurjar S/o Dharmi Chand Gurjar, Aged About 26
Years, B/c Gurjar, R/o Sangani, Barsani, Police Station
Shambhugarh, Tehsil Aasind District Bhilwara.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria.
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
25/10/2021
Petitioner has filed this criminal revision petition under
Section 397 read with Section 401 Cr.P.C. to assail the impugned
judgment dated 29.09.2021 passed by Learned Special Judge,
NDPS Cases No.1, Bhilwara (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 XUV
500 bearing registration No.RJ 21-UB-4297, Engine
No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014.
I have heard learned counsel for the petitioner and learned
counsel for the respondent-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
(2 of 3) [CRLR-862/2021]
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 this background, that 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 revision petition is allowed and the
order dated 29.09.2021 is hereby quashed and set aside and the
XUV 500 bearing registration No.RJ 21-UB-4297, Engine
No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014
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
XUV 500 bearing registration No.RJ 21-UB-4297, Engine
No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014
in the Court as and when required to do so.
(b) the petitioner shall get the XUV 500 bearing registration No.RJ
21-UB-4297, Engine No.HJB4L13807, Chesis
(3 of 3) [CRLR-862/2021]
No.MA1YT2HJUE6L14818, Model-04/2014 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 XUV 500 bearing registration No.RJ 21-UB-4297, Engine
No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014
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 XUV 500 bearing registration
No.RJ 21-UB-4297, Engine No.HJB4L13807, Chesis
No.MA1YT2HJUE6L14818, Model-04/2014 to be used for any anti
social activities including for the purpose of carrying narcotics
which may constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J
47-prashant/-
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