Dasrath vs State Of Rajasthan
2022 Latest Caselaw 397 Raj

Citation : 2022 Latest Caselaw 397 Raj
Judgement Date : 7 January, 2022

Rajasthan High Court - Jodhpur

Dasrath vs State Of Rajasthan on 7 January, 2022

Bench: Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1026/2021

Dasrath S/o Nod Ram Banjara, Aged About 22 Years, Madawada, P.s. Javad, Dist. Nimach (M.p.).

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


For Petitioner(s)          :     Mr. Bhawani Singh
For Respondent(s)          :     Mr. Gaurav Singh, PP



           HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                  Judgment

07/01/2022

The petitioner has preferred this criminal revision petition

under Section 397/401 Cr.P.C against the order dated 26.10.2021

passed by learned Special Judge, NDPS Act Cases No.1,

Chittorgarh in Criminal Case No.766/2021 pertaining to FIR

No.426/2021 registered at Police Station Kotwali Nimbahera,

District Chittorgarh for the offence under Section 8/15 of the

N.D.P.S. Act, whereby the prayer to release the seized Alto car

bearing No.RJ27-CK-1511 on supurdaginama in favour of the

petitioner, has been rejected.

As per prosecution story, 40 Kgs of poppy husk in two plastic

bags without having any license or permit was recovered from the

said vehicle. After investigation, the police found that the

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-1026/2021]

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 owner

of the car in question, and therefore, he is entitled for interim

custody of the vehicle. Learned counsel for the petitioner has

stated at Bar that no confiscation proceedings are pending qua the

vehicle in question and the same is case property. The learned

counsel for the petitioner 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.

                                         (3 of 4)                 [CRLR-1026/2021]



     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 26.10.2021 passed by learned trial court is set aside

and Alto car bearing registration No.RJ27-CK-1511 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. 2,00,000/- with two sureties of Rs. 1,00,000/- 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

(4 of 4) [CRLR-1026/2021]

purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.