Rajkumar vs State Of Rajasthan
2021 Latest Caselaw 16244 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 855/2021

Rajkumar S/o Birbal Ram, Aged About 30 Years, R/o Nirmal Nagar, Jamba Ki Dhani, Police Station Jamba District Jodhpur. At Present Village Khandsa, Gurugram (Haryana)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sunil Vishnoi For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

26/10/2021

Petitioner has filed this criminal revision petition under

Section 401 Cr.P.C. to assail the impugned judgment dated

29.09.2021 passed by Learned Special Judge, NDPS Cases,

Phalodi, Distt. Jodhpur whereby the learned trial Court rejected

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

for releasing the vehicle Swift VDI Car having registration No.

HR26CE6569 Engine No. D13A2324693 Chassis No.

MA3FHEB1S00612236.

I have heard learned counsel for the petitioner and learned

Public Prosecutor.

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) [CRLR-855/2021]

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 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

vehicle Swift VDI Car having registration No. HR26CE6569 Engine

No. D13A2324693 Chassis No. MA3FHEB1S00612236. 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 Car in the Court as and when required to do so.

(b) the petitioner shall get the vehicle Swift VDI Car having registration No. HR26CE6569 Engine No. D13A2324693 Chassis No. MA3FHEB1S00612236. 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

(3 of 3) [CRLR-855/2021]

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 Swift VDI Car having registration No. HR26CE6569 Engine No. D13A2324693 Chassis No. MA3FHEB1S00612236. 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 Swift VDI Car having registration No. HR26CE6569 Engine No. D13A2324693 Chassis No. MA3FHEB1S00612236. 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 46-priyal/-

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