Sakeel Khan S/O Mahtab vs State Of Rajasthan
2022 Latest Caselaw 4162 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4039/2022

Sakeel Khan S/o Mahtab, R/o Village Dhouj, Police Station
Sector-55 Faridabad (Haryana).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Aslam S. Khan, Advocate For Respondent(s) : Mr. Laxman Meena, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

27/05/2022 The present petition has been filed under Section 482

Cr.P.C. praying that the order dated 08.04.2022 passed by

Additional District and Sessions Judge No.1, Tijara, District Alwar

be set aside, whereby the said Court had refused to release the

motorcycle Hero Splendor Plus bearing registration No.HR-87-C-

8627 to the petitioner.

The learned counsel for the petitioner has contended

that petitioner is the registered owner of the vehicle-in-question.

The learned counsel for the petitioner has submitted

that no confiscation proceedings are pending qua the vehicle and

the same is case property in FIR No.61/2022 registered at Police

Station Choupanki for the offence under Sections 8/20 of the

NDPS Act.

I have heard the learned counsel for the parties.

(2 of 2) [CRLMP-4039/2022]

The learned counsel for the petitioner has relied upon

the judgment passed in the case of Sunderbhai Ambalal Desai

vs. State of Gujarat, (2002) 10 SCC 283, to contend that the

Supreme court had 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.

Relying upon the judgment of the Supreme Court in the

case of Sunderbhai Ambalal Desai (supra), present petition is

allowed and the trial court is directed to release the vehicle seized

as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicle so released intact

and shall not change their identification.

b) That the petitioner shall produce the vehicle as and when

trial court requires the same for proposed identification of the

case property.

c) That the petitioner shall execute Supurdaginama/indemnity

bond and bonds by two sureties to the satisfaction of the trial

Court.

d) The trial court is empowered to impose any or other

conditions in the Supurdaginama/indemnity bond and surety

bonds to be furnished by the petitioner and sureties, which it

may deem fit.

Needless to say, trial Court shall verify the fact that the

petitioner is a registered owner of the vehicle.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /24

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