Ashok Kumar vs State
2021 Latest Caselaw 16456 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 621/2021

Ashok Kumar S/o Sh. Dhanna Ram, Aged About 25 Years, resident of Kudchi, P.S. Khivsar Dist. Nagaur (Raj.).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Niwas Bishnoi.

For Respondent(s)        :     Mr. M.S. Bhati, P.P.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                         Judgment / Order

28/10/2021

Petitioner has filed this criminal revision petition under

Section 397 read with Section 401 Cr.P.C. to assail the impugned

judgment dated 17.06.2021 passed by Learned Special Judge,

ACD No.1, Jodhpur Metro (for short, 'learned trial Court') whereby

the learned trial Court rejected the application under Section 457

Cr.P.C., moved by the petitioner for releasing the Swift Dezire Car

bearing No.RJ-21-CB-2024.

I have heard learned counsel for the petitioner and learned

counsel for the resopndent-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

(2 of 3) [CRLR-621/2021]

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 17.06.2021 is hereby quashed and set aside and the

Swift Dezire Car bearing No.RJ-21-CB-2024 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

Swift Dezire Car bearing No.RJ-21-CB-2024 in the Court as and

when required to do so.

(b) the petitioner shall get the Swift Dezire Car bearing No.RJ-21-

CB-2024 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

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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 Swift Dezire Car bearing No.RJ-21-CB-2024 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 Dezire Car bearing No.RJ-21-CB-2024 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

29-prashant/-

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