Shyam Lal vs State Of Rajasthan
2022 Latest Caselaw 13519 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6364/2022

Shyam Lal S/o Bhana Ram, Aged About 28 Years, Sirmandi, Teh. Osian, Dist. Jodhpur.

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

----Respondent

For Petitioner(s) : Mr. B.R. Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/11/2022

By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 18.08.2022 passed

by the learned Special Judge, NDPS Act Cases (Addl. Sessions

Judge No.1), Bikaner in connection with FIR No. 97/2022

registered at Police Station Mahajan, District Bikaner whereby the

application under Section 451 Cr.P.C. for releasing the vehicle in

question (Swift Car) bearing registration No. RJ-19-CL-4435, has

been declined.

Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

Police Officers. He submits that the petitioner being the owner of

the vehicle in question, is the person best entitled to get back the

possession of the seized property. There is no other person

claiming supurdagi of the same.

                                                                        (2 of 2)                      [CRLMP-6364/2022]



                                         Learned    Public      Prosecutor           opposed          the    criminal

                                   miscellaneous petition.

In view of the judgment passed by the Supreme Court in the

case of Sunder Bhai Ambalal Desai Vs. State of Gujarat [(2002) 10

SCC 283]., the petition is allowed and this Court deems it just and

appropriate to release the vehicle in favour of the petitioner

provided he furnishes a Supurdaginama of Rs. 3,00,000/- and

surety of like amount to the satisfaction of the Magistrate

concerned.

Before releasing the vehicle, color photographs of vehicle

from different angles shall be taken.

(FARJAND ALI),J 38-amit/-

Powered by TCPDF (www.tcpdf.org)