Khaturam Meena vs State Of Rajasthan
2022 Latest Caselaw 14953 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 436/2022

In

S.B.Criminal Appeal No. 722/2019

Khaturam Meena S/o Aasiyaram @ Aasuram, Aged About 52 Years, R/o Panthol, Teh. Pipalkot, Dist. Pratapgarh.

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

----Respondent

For Petitioner(s) : Mr. B.R.Godara For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/12/2022

The instant criminal misc. application has been preferred by

the applicant Khaturam who is registered owner of the vehicle

Truck bearing Registration No. RJ 27 GA 1628 for release of the

same.

Learned counsel submits that after culmination of the trial,

learned trial court has directed to release the vehicle in favour of

the applicant who is registered owner of the vehicle, but since the

appeal has been preferred by the State against the judgment

dated 18.12.2018, the applicant is not getting custody of the

vehicle.

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

(2 of 2) [CRLMA-436/2022]

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 misc. application is allowed

and this Court deems it just and appropriate to release the vehicle

in question in favour of the applicant on interim custody till

conclusion of the hearing of the appeal provided he furnishes a

Supurdaginama of Rs. 5,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 300-RP/-

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