Rajasthan High Court
Nand Bihari S/O Heera Lal vs State Of Rajasthan on 5 February, 2022
Bench: Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1041/2021
Nand Bihari S/o Heera Lal, Resident Of Village Pachelkala, Tehsil
Anta, District Baran (Raj.)
----Applicant/Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Jagdish Nagar, through VC
For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
05/02/2022
This criminal revision petition has been filed against the
order dated 28.10.2020 passed by the learned Special Judge,
N.D.P.S. Act, Baran (Rajasthan), whereby the application filed by
the accused-petitioner under Section 457 Cr.P.C. for releasing the
vehicle- Motor Cycle No. RJ-28-SN-0354 has been dismissed.
It is contended by the learned counsel for the petitioner that
the petitioner is registered owner of the vehicle and there is no
other rival claim for its release. Relying on the judgments of the
Hon'ble Apex Court of India in cases of Sunderbhai Ambalal
Desai vs. State of Gujarat, (2002) 10 SCC 290 and
Coordinate Bench Judgments dated 14.08.2012 in S.B.
Criminal Miscellaneous Petition No.2682/2012, Phool Singh
vs. State of Rajasthan and in cases of Bal Mikand vs.
State,1994 Cri Lr (Raj) 4, Prakash Chand vs. State of
Rajasthan, S.B. Criminal Miscellaneous Petition
(2 of 3) [CRLR-1041/2021]
No.416/2010 decided on 12.03.2010 & Laxman vs. State of
Rajasthan, S.B. Criminal Miscellaneous Petition No.61/2018
decided on 16.04.2018, learned counsel submitted that vehicle
be given to the petitioner on furnishing 'supurdginama'.
Opposing the prayer, learned Public Prosecutor submitted
that vehicle in question was used for commission of offence under
the provisions of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for brevity "the Act of 1985") and can be subject-
matter of confiscation under Section 60 of the Act of 1985 and
hence, the petitioner is not entitled for release of the vehicle in his
favour.
Heard learned counsels for the parties and perused the
record.
It is undisputed that petitioner is registered owner of the
vehicle in question which has not been claimed by any other
person. Now, it is no more res integra that vehicle seized under
the provisions of the Act of 1985 can be released in favour of its
registered owner; though, may be an accused, if no order of
confiscation has been passed, which has not been done in the
present case.
In these circumstances, this criminal revision petition
deserves to be allowed and is accordingly allowed. The order
dated 28.10.2020 passed by the learned Special Judge, N.D.P.S.
Act, Baran (Rajasthan) is quashed and set aside. It is directed that
the vehicle- Motor Cycle No. RJ-28-SN-0354 be released in favour
of the petitioner on 'supurdginama' on his producing original
registration certificate and on satisfying following conditions:-
(3 of 3) [CRLR-1041/2021]
(1) He furnishes a personal bond in the sum of
Rs.50,000/- with one surety of Rs.50,000/- to the
satisfaction of the trial Court undertaking to
produce the vehicle in question in the Court as
and when required to do so.
(2) He shall get the vehicle in question
photographed showing the registration number as
well as the chassis number. Such photograph shall
be taken in the presence of the Investigating
Officer, to be kept on the file of the case.
(3) The personal bonds of the petitioner and
bonds of sureties shall carry the photographs of
the petitioner and his sureties and the bond of
sureties shall further carry the photographs of
persons identifying them before the Court with full
residential particulars of the sureties and the
persons identifying them.
(4) The petitioner shall undertake not to transfer
the ownership of the vehicle in question and not
to lease it to anyone and not to make or allow any
changes in it to be made so as to make
unidentifiable and produce the same before the
Court as and when required.
(UMA SHANKER VYAS),J
DANISH USMANI /22
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