Devi Singh vs State
2022 Latest Caselaw 2078 Raj

Citation : 2022 Latest Caselaw 2078 Raj
Judgement Date : 7 February, 2022

Rajasthan High Court - Jodhpur

Devi Singh vs State on 7 February, 2022

Bench: Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 228/2020

Devi Singh S/o Dhul Singh, Aged About 45 Years, By Caste Rajput, R/o Gomana, Tehsil Choti Sadri, District Pratapgarh.

----Petitioner Versus State, Through P.p.

                                                                   ----Respondent


For Petitioner(s)          :     Mr. RK Charan
For Respondent(s)          :     Mr. Sudheer Tak, PP



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                  Judgment

07/02/2022

The petitioner has preferred this criminal revision petition

under Section 397/401 Cr.P.C against the order dated 22.1.2020

passed by learned Special Judge, NDPS Cases No.2, Chittorgarh in

Cr. Misc. Case No.33/2020 pertaining to FIR No.57/2015

registered at Police Station Nikumbh, for the offences under

Sections 8/15,25, 29 of the N.D.P.S. Act and under Section 457

and 380 of the IPC, whereby the prayer to release the seized

Tempo bearing No.RJ33-GA-2319 on supurdaginama in favour of

the petitioner, has been rejected.

As per prosecution story, certain contraband articles were

stolen from the Malkhana and the offending vehicle was used for

the same. After investigation, the police found that petitioner was

owner of the said vehicle.

The trial court has rejected the application filed under

Section 451 Cr.P.C. by the petitioner seeking interim custody of

(2 of 4) [CRLR-228/2020]

the subject vehicle on the ground of severity of offence and

possessing the narcotic substance by the petitioner.

Heard learned counsel for the parties and perused the

material available on record as well the order impugned.

Learned counsel for the petitioner while praying for interim

custody of the subject vehicle submits that the petitioner is

registered owner of the said car, and therefore, he is entitled for

interim custody of the vehicle. The learned counsel for the

petitioner has relied upon the judgment rendered in the case of

Sunderbhai Ambalal Desai vs. State of Gujarat, reported in

(2002) 10 SCC 283, to contend that the Supreme court has held

that the vehicle should not be permitted to remain parked in the

police station as same shall gather rust and shall not remain

useful.

Per contra, learned Public Prosecutor while supporting the

order impugned passed by the trial court, prays for rejection of

the revision petition.

Having heard the rival submissions and perusal of the record,

in the considered opinion of this Court, the interim custody of the

vehicle alleged to be used in committing the offence of NDPS Act

cannot be denied on the ground of severity of offence. It is also

settled legal proposition of law that interim custody of the vehicle

cannot be denied on the ground that it is liable to be confiscated,

in case the offence is proved against the accused. As per

prosecution story, the petitioner is the registered owner of the said

vehicle.

Keeping in mind the judgment of the Hon'ble Apex Court

in the case of Sunderbhai Ambalal Desai vs. State of Gujarat

(3 of 4) [CRLR-228/2020]

(supra), there is no reason to deny interim custody of the vehicle

to the owner or person entitled to get possession of the vehicle. If

the vehicle is allowed to be kept in the police station for an

indefinite period, then value of the vehicle shall be diminished

substantially and it may not remain in usable condition. In the

above circumstances, the prayer of the petitioner deserves to be

allowed.

Consequently, the revision petition is allowed. The impugned

order dated 22.1.2020 passed by learned trial court is set aside

and Tempo bearing registration No.RJ33-GA-2319 is ordered to be

released on 'supurdagi' in favour of the petitioner till completion of

the trial on the following conditions:-

(a) the petitioner shall furnish a personal bond in the sum of Rs. 6,00,000/- with two sureties of Rs. 3,00,000/- each to the satisfaction of the trial court undertaking to produce the vehicle aforesaid in the Court as and when required to do so.

(b) the petitioner shall get the vehicle aforesaid 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.

(c) the personal bond 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, which is with full residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of the vehicle aforesaid 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.

(e) the petitioner will not allow the vehicle aforesaid to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.