Rajasthan High Court - Jodhpur
Bhanwar Lal @ Bhajan Lal vs State Of Rajasthan on 14 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 173/2022
Bhanwar Lal @ Bhajan Lal S/o Ganga Ram, Aged About 26
Years, B/c Vishnoi, R/o Siyako Ki Dhani, Gangapura, Bherudi,
P.S. Sedwa, Dist. Barmer.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Javed Gauri, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2022
Heard learned counsel for the petitioner and learned Public
Prosecutor for the State.
By way of filing of the instant revision Petition, challenge has
been made to the order dated 25.08.2021 passed by the learned
Special Judge, NDPS Act Cases, Udaipur (Sessions Judge, Udaipur)
in Criminal Misc. Case No.149/2021 (CIS No. 149/2021) arising
out of FIR No.80/2020 Police Station Kheroda, rejecting an
application preferred by the petitioner under Sections 451, 457
Cr.P.C. for release of the vehicle Car Maruti Baleno bearing
Registration No. GJ 08 BN 3178 seized by the police for offences
under Sections 8/15, 25 & 29 of the NDPS Act.
Learned counsel for the petitioner submits that he has
purchased the vehicle in question from its registered owner Ganga
(2 of 3) [CRLR-173/2022]
Ram by way of an agreement, however, registration could not be
effected in his favour. Pursuant to the directions issued by this
Court, learned counsel for the petitioner has submitted an affidavit
of the registered owner Ganga Ram dated 9.12.2022 stating
therein that the vehicle in question is registered in his name which
was sold to the present petitioner by way of an agreement and he
has no objection if the vehicle in question is released in favour of
the petitioner. The affidavit is taken on record. Learned counsel
submits that since the petitioner has purchased the vehicle in
question from its registered owner and he has no objection if the
vehicle in question is released in his favour, therefore, he is
entitled to get back the possession of the same. There is no other
person claiming supurdagi of the vehicle in question. Learned
counsel also submits that the trial of the case will take a long time
and the vehicle in question would be deteriorated if allowed to
remain in Police Station premises.
Learned Public Prosecutor opposed the criminal revision
petition.
Considering the submissions and following the judgment
rendered by Hon'ble the Supreme Court in the case of
Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in
AIR 2003 SC 638 and the 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, the revision petition is allowed
and this Court deems it just and appropriate to release the vehicle
in question in favour of the petitioner on interim custody till
(3 of 3) [CRLR-173/2022]
conclusion of the trial provided he furnishes a Supurdaginama of
Rs. 4,00,000/- and surety of like amount to the satisfaction of the
Court below.
(FARJAND ALI),J
36-RP/-
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