Revant Ram Godara vs State Of Rajasthan
2022 Latest Caselaw 14918 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1545/2022

Revant Ram Godara S/o Padma Ram Godara, Aged About 26 Years, R/o Vill Barani Ps Sadar Nagaour Through His Power Of Attorney Holder Mohan Ram S/o Padma Ram R/o Vill. Barani Ps Sadar Nagour Dist. Nagour Raj.

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

----Respondent

For Petitioner(s) : Mr. Mangi Lal Vishnoi For Respondent(s) : Mr. Javed Gouri, PP

HON'BLE MR. JUSTICE FARJAND ALI Order

19/12/2022 The matter comes upon an application under Section 5 of the

Limitation Act for condoning the delay arises in filing the criminal

revision petition.

Heard on application under Section 5 of the Limitation Act.

For the reasons and grounds mentioned therein, the application

seeking condonation of delay is allowed. Delay of 81 days in filing

criminal revision petition is condoned. Let the revision petition be

treated in limitation.

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 20.06.2022 passed by the learned

Special Judge, NDPS Act Cases, Nokha, District Bikaner in Misc.

Case No. 3/2022 arising out of FIR No.02/2022 Police Station

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

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

(2 of 2) [CRLR-1545/2022]

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

police for offence under Sections 8/21, 25 and 29 NDPS Act.

Learned counsel for the petitioner submits that he is the

power of attorney holder of owner of the vehicle in question which

has been seized by the Police Officers. He submits that the

petitioner being the agent of the vehicle in question, 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

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 127-Payal/-

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