Rajasthan High Court - Jodhpur
Mandeep vs State Of Rajasthan on 13 January, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1047/2021
Mandeep S/o Dhani Ram Parjapat, Aged About 28 Years, Alipur
Sikhan, P.s. Julka, Dist. Patiyala (Punjab). Presently R/o Nayola,
P.s. Nangal, Dist. Ambala (Punjab).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh on VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
13/01/2022
The petitioner has preferred this criminal revision petition
under Section 397 & 401 Cr.P.C against the order dated 03.9.2021
passed by learned Special Judge NDPS Cases No. 1, Chittorgarh
in Criminal Misc. Case No.617/2021 pertaining to (CIS No.
113/2021 ) in connection with FIR No.78/2021 registered at Police
Station Mangalwad District Chittorgarh for the offences under
Sections 8/15 of the N.D.P.S. Act, whereby the prayer to release
the seized Tata truck bearing No. PB 08 CB 2096 and PVC pipes on
supurdaginama in favour of the petitioner, has been rejected.
As per prosecution story, on search, Police found that the
vehicle was fully loaded with white color pipes of Finolex company
and 49 kg 600 grams of poppy husk without having any license or
permit was recovered from the truck bearing number PB 08 CB
2096.
(2 of 4) [CRLR-1047/2021]
The trial court has rejected the application filed under
Section 451 Cr.P.C. by the petitioner seeking interim custody of
the subject vehicle and white color pipes of Finolex company 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 and pipes submits that the
petitioner is entitled for interim custody of the vehicle in question.
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-1047/2021]
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 03.9.2021 passed by learned trial court is set aside
and Tata truck bearing registration No.PB 08 CB 2096 and white
color pipes of Finolex company are 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. 10,00,000/- with two sureties of Rs.
5,00,000/- 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-1047/2021]
(f) before releasing the vehicle the trial court shall verify the
original documents of the vehicle.
(MADAN GOPAL VYAS),J
ns. 25-1/-
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