Bhagirath Ram vs State Of Rajasthan
2022 Latest Caselaw 14722 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 587/2022

Bhagirath Ram S/o Gomandram, Aged About 33 Years, R/o Goganada Ki Dhani, Singad, Tehsil And District Nagaur (Raj.)

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

----Respondent

For Petitioner(s) : Mr. Virendra Acharya 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 17.05.2022 passed by the learned

Special Judge, NDPS Act Cases, Bikaner in Sessions Case No.

138/2022 arising out of FIR No.19/2022 Police Station Jasrasar,

District Bikaner, rejecting an application (No.86/2022) preferred

by the petitioner under Section 457 Cr.P.C. for release of the

vehicle Maruti Swift Dzire vdi No. RJ 21 CA 4250 seized by the

police for offence under Sections 8/15, 25 NDPS Act.

Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

Police Officers. He submits that the petitioner being the owner of

the vehicle in question, is the person best entitled to get back the

possession of the seized property. There is no other person

(2 of 2) [CRLR-587/2022]

claiming supurdagi of the same. 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

conclusion of the trial provided he furnishes a Supurdaginama of

Rs. 3,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 37-RP/-

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