Mahipal S/O Dharam Singh vs State Of Rajasthan
2022 Latest Caselaw 3628 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 3804/2022

Mahipal S/o Dharam Singh, R/o N.H. 13 Mohangarh Police
Station Unwana District Jind Haryana (Power Of Attoreny
Holder/owner Of Container Truck No. HR 65 A 4971)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Ms. Sumati Bishnoi, Adv.

Mr. Rajesh Kumar Saini, Adv.

For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

09/05/2022

This petition under Section 482 of Cr.P.C. is against the order

dated 30.03.2022 passed in Session Case No.7/2022, whereby

learned Additional Sessions Judge, Aklera has refused the prayer

of the petitioner for release of vehicle truck bearing Registration

No. HR 65 A 4971.

Simple reason for refusal of release of the vehicle is that

three persons named in the FIR were sitting in the said

truck/vehicle when Afeem was recovered from their possession.

For recovery of small quantity of Afeem from physical possession

of those persons, continued detention of truck in police lockup

would serve no purpose rather would result in rusting and

damages.

Considering the judgment of Hon'ble Supreme Court in the

case of Sunderbhai Ambalal Desai & Ors. V. State of Gujarat

(2 of 2) [CRLMP-3804/2022]

reported in (2002) 10 SCC 283, it is directed that the said vehicle

be released in favour of the petitioner, after verification of

documents of ownership and bond of Rs.8,00,000/- (eight lakhs)

along with two surety bonds of like amount to the satisfaction of

the trial Court. Further condition is that the said vehicle would not

be disposed of without permission of the trial Court.

Accordingly, the petition is allowed.

Pending application, if any, also stands disposed of.

(BIRENDRA KUMAR),J

Ashwani/-36

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