Ayush S/O Kailash Rathore vs State Of Rajasthan
2022 Latest Caselaw 7267 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No.
                             2742/2022

Ayush S/o Kailash Rathore, R/o Burankhedi P.s
Ramganjmandi            The.      Ramganjmandi             Distic    Kota
(Raj), Registered Owner Of Vehicle No. Rj 33-Sg-
7333.
                                                          ----Petitioner
                                 Versus
State Of Rajasthan, Through P.p.
                                                      ----Respondent

For Petitioner(s) : Mr. Jitendra Jain For : Mr. Prashant Sharma, PP Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

15/11/2022 The present petition has been filed under

Section 482 Cr.P.C. praying that the order dated

05.02.2022 passed by Additional Sessions Judge,

Ramganjmandi, District Kota (Rural) be set aside,

whereby the said court refused to release Motorcycle

bearing registration No. RJ-33-SG-7333 to the

petitioner.

The learned counsel for the petitioner has

contended that petitioner is a registered owner of the

vehicle in question.

(2 of 3) [CRLMP-2742/2022]

The learned counsel for the petitioner has

stated at Bar that no confiscation proceedings are

pending qua the vehicle and the same is case

property of case FIR No.525/2021 registered at

Police Station Ramganjmandi, District Kota (Rural)

for the offence under Sections 8/20 of NDPS Act.

I have heard the learned counsel for the

parties.

The learned counsel for the petitioner has relied

upon Sunderbhai Ambalal Desai vs. State of

Gujarat, (2002) 10SCC 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.

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.

(3 of 3) [CRLMP-2742/2022]

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 make

verification that the petitioner is a registered owner

of the vehicle.

(UMA SHANKER VYAS),J

GAURAV SHARMA /06

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