Vikas Kumar vs State Of Rajasthan
2022 Latest Caselaw 14691 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1497/2022

Vikas Kumar S/o Ramchandra, Aged About 22 Years, R/o VPO 23 Mod 22 Mod 22, Hanumangarh, Dist. Hanumangarh (Raj.).

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


For Petitioner(s)        :     Mr. DLR Vyas
For Respondent(s)        :     Mr. Laxman Solanki, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

14/12/2022

By way of filing the instant criminal revision petition, the

petitioner has challenged the order dated 01.11.2022 passed by

learned Special Judge, NDPS Act Cases, Phalodi Distt. Jodpur in

Criminal Misc. Application No.520/2022 whereby the prayer made

by the petitioner for release of vehicle Swift Car bearing

Registration No.RJ-31-CC-1319 has been declined.

Learned counsel for the petitioner submits that the petitioner

is the registered owner of the vehicle in question which has been

seized by the police officials. He submits that the petitioner being

the owner of the vehicle, is the person best entitled to get back

the possession of the seized property. There is no other person

claiming supurdagi of the same.

Learned Public Prosecutor opposed the criminal revision

petition.

Heard learned counsel for both the parties.

(2 of 2) [CRLR-1497/2022]

The Trial Court has rejected the application filed under

Section 457 Cr.P.C. by the petitioner seeking interim custody of

the subject vehicle on the ground of severity of offences and

possession of narcotic substances by the accused.

In view of the judgment passed by the Hon'ble Supreme

Court in Sunderbhai Ambalal Desai and Ors. Vs. State of

Gujarat reported in (2002) 10 SCC 283 as well as order dated

18.11.2022 passed by the Hon'ble Supreme Court in Criminal

Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022] titled as

"Sainaba Vs. The State of Kerala & Anr." wherein the vehicle

involved in a crime under NDPS Act was directed to be released on

terms and conditions to be determined by the Special Court, this

Court deems it appropriate to allow the present revision petition

while setting aside the order impugned and it is directed that the

vehicle in question shall be released in favour of the petitioner

provided he furnishes a Supurdaginama of Rs.3,00,000/- and

surety of like amount to the satisfaction of the learned trial Court

concerned.

(FARJAND ALI),J 28-Anshul/-

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