Rajasthan High Court
Irshad Son Of Roshan vs State Of Rajasthan on 27 June, 2022
Bench: Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 675/2022
Irshad Son Of Roshan, Resident Of Khai Pada Baran,
Police Station Kotwali, Baran, District (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Jagdish Nagar, Adv.
For Respondent(s) : Mr. M.K. Sheoran, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
27/06/2022
This criminal revision petition has been filed
against the order dated 29.04.2022 passed by the
learned Special Judge, N.D.P.S. cases, Baran, District
Baran (Rajasthan), whereby the application filed by the
accused-petitioner under Section 457 Cr.P.C. for
releasing the vehicle- Motor Cycle bearing registration
No.RJ-28-ST-0826 has been dismissed.
It is contended by the learned counsel for the
petitioner that the petitioner is registered owner of the
vehicle and there is no other rival claim for its release.
Relying on the judgments of the Hon'ble Apex Court of
India in cases of Sunderbhai Ambalal Desai vs.
(2 of 4) [CRLR-675/2022]
State of Gujarat, (2002) 10 SCC 290 and
Coordinate Bench Judgments dated 14.08.2012 in
S.B. Criminal Miscellaneous Petition
No.2682/2012, Phool Singh vs. State of
Rajasthan and in cases of Bal Mikand vs.
State,1994 Cri Lr (Raj) 4, Prakash Chand vs. State
of Rajasthan, S.B. Criminal Miscellaneous Petition
No.416/2010 decided on 12.03.2010 & Laxman
vs. State of Rajasthan, S.B. Criminal
Miscellaneous Petition No.61/2018 decided on
16.04.2018, learned counsel submitted that vehicle be
given to the petitioner on furnishing 'supurdginama'.
Opposing the prayer, learned Public Prosecutor
submitted that vehicle in question was used for
commission of offence under the provisions of the
Narcotic Drugs and Psychotropic Substances Act, 1985
(for brevity "the Act of 1985") and can be subject-
matter of confiscation under Section 60 of the Act of
1985 and hence, the petitioner is not entitled for
release of the vehicle in his favour.
Heard learned counsels for the parties and
perused the record.
It is undisputed that petitioner is registered owner
of the vehicle in question which has not been claimed
by any other person. Now, it is no more res integra that
(3 of 4) [CRLR-675/2022]
vehicle seized under the provisions of the Act of 1985
can be released in favour of its registered owner;
though, may be an accused, if no order of confiscation
has been passed, which has not been done in the
present case.
In these circumstances, this criminal revision
petition deserves to be allowed and is accordingly
allowed. The order dated 29.04.2022 passed by the
learned Special Judge, N.D.P.S. cases, Baran, District
Baran (Rajasthan) is quashed and set aside. It is
directed that the vehicle- Motor Cycle bearing
registration No.RJ-28-ST-0826 be released in favour of
the petitioner on 'supurdginama' on his producing
original registration certificate and on satisfying
following conditions:-
(1) He furnishes a personal bond in the
sum of Rs.1,00,000/- with two sureties
of Rs.50,000/- each to the satisfaction
of the trial Court undertaking to
produce the vehicle in question in the
Court as and when required to do so.
(2) He shall get the vehicle in question
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.
(3) The personal bonds of the
petitioner and bonds of sureties shall
carry the photographs of the petitioner
and his sureties and the bond of
(4 of 4) [CRLR-675/2022]
sureties shall further carry the
photographs of persons identifying
them before the Court with full
residential particulars of the sureties
and the persons identifying them.
(4) The petitioner shall undertake not
to transfer the ownership of the vehicle
in question 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 and produce the same
before the Court as and when required.
(UMA SHANKER VYAS),J
DANISH USMANI /72
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