Rajasthan High Court - Jodhpur
Raj Kumar vs State Of Rajasthan on 11 February, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 98/2022
Raj Kumar S/o Shri Pukhraj, Aged About 38 Years, R/o
Sadri, Police Station Sadri, District Pali.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
__________________________________________________________________
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. Gaurav Singh, PP
_______________________________________________
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11.2.2022
The petitioner has preferred this criminal revision
petition under Section 397/401 Cr.P.C against the order
dated 24.12.2021 passed by learned Addl. Sessions Judge,
Bali in Criminal Miscellaneous Case No. 57/2021 and
Session Case No. 20/2021 pertaining to FIR No.221/2020
registered at Police Station Dadri District Pali for the
offences under Sections 8/20 and 25 of the N.D.P.S. Act,
whereby the prayer to release the seized Motor-cycle
bearing No. RJ -22-NS-2445 on supurdaginama in favour of
the petitioner, has been rejected.
As per prosecution story, 6.00 kilogram illegal Ganja
was recovered from the motor-cycle bearing No. RJ -22-NS-
2445.
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The trial court has rejected the application filed under
Section 451 Cr.P.C. by the petitioner seeking interim
custody of 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 has relied upon the
judgment rendered n 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 vehicle was found in possession of the petitioner.
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Keeping in mind the judgment of the Hon'ble Apex
Court in the case of Sunderbhai Ambalal Desai vs. State of
Gujarat (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 24.12.2021 passed by learned trial
court is set aside and Motor-cycle bearing registration No.
RJ -22-NS-2445 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. 50,000/- with two sureties of Rs.
25,000/- 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
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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.
(f) before releasing the vehicle the trial court shall verify
the original documents of the vehicle.
(MADAN GOPAL VYAS), J.
ns. /17
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