Rajasthan High Court - Jodhpur
Ram Pratap 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. 94/2022
Ram Pratap S/o Shri Gyan Prakash, Aged About 52 Years, R/o
Ward No. 2, Chak 22 Kyd, P.s. Khajuwala, District Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. RS Choudhary
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11/02/2022
The petitioner has preferred this criminal revision petition
under Section 397/401 Cr.P.C against the order dated 19.01.2022
passed by learned Special Judge, NDPS Cases, Bikaner in Criminal
Miscellaneous Application No.330/2021 pertaining to FIR
No.161/2021 registered at Police Station Chhattargarh District
Bikaner for the offences under Sections 8/18 and 29 of the
N.D.P.S. Act, whereby the prayer to release the seized Hundai
I20 Car bearing No. RJ 31CB-2144 on supurdaginama in favour of
the petitioner, has been rejected.
As per prosecution story, 500 grams of opium without having
any license or permit was recovered from the Hundai I20 Car
bearing No. RJ 31CB-2144.
(2 of 4) [CRLR-94/2022]
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.
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
(3 of 4) [CRLR-94/2022]
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 19.1.2022 passed by learned trial court is set aside
and Hundai I20 car bearing registration No.RJ 31-CB-2144 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. 4,00,000/- with two sureties of Rs.
2,00,000/- 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.
(4 of 4) [CRLR-94/2022]
(f) before releasing the vehicle the trial court shall verify the
original documents of the vehicle.
(MADAN GOPAL VYAS),J
ns. 15-1/-
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