Jagdish Ram vs State Of Rajasthan ...
2023 Latest Caselaw 2825 Raj

[2023/RJJD/008972]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 179/2023

Jagdish Ram S/o Sh. Hanuman Ram, Aged About 27 Years, R/o Godaro Ki Dhaniya, Radkabera Padiyal, Tehsil Phalodi, District Jodhpur (Raj.)

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

----Respondent

For Petitioner(s) : Mr. Arjun Singh For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/04/2023

By way of filing of the instant Revision Petition, challenge has

been made to the order dated 06.01.2023 passed by the learned

Special Judge, NDPS Act Cases, Bikaner in Criminal Case No.

02/2023 arising out of FIR No.16/2022 registered at Police Station

Dantora, District Bikaner for the offence under Section 8/15 NDPS

Act whereby the prayer made by the petitioner for releasing the

vehicle in question (Car - Scorpio) bearing registration No. RJ-39

UA-0547, 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. Learned counsel also submits that

the trial of the case will take a long time and the vehicle in

[2023/RJJD/008972] (2 of 2) [CRLR-179/2023]

question would be deteriorated if allowed to remain in Police

Station premises.

Learned Public Prosecutor opposed the criminal revision

petition.

Considering the submissions and the fact that after

investigation the petitioner has not been found involved in

commission of the crime and therefore, he was not chargesheeted

as also following the judgment rendered by Hon'ble the Supreme

Court in the case of Sunderbhai Ambalal Desai Vs. State of

Gujarat, reported in AIR 2003 SC 638 and the order dated

18.11.2022 passed by the Hon'ble Supreme Court in Criminal

Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as

Sainaba Vs. The State of Kerala & Anr., wherein, the vehicle

involved in a crime under NDPS Act was directed to be released on

terms and conditions to be determined by the Special Court, the

revision petition is allowed and this Court deems it just and

appropriate to release the vehicle in question in favour of the

petitioner on interim custody till conclusion of the trial provided he

furnishes a Supurdaginama of Rs. 4,00,000/- and surety of like

amount to the satisfaction of the Court below.

(FARJAND ALI),J 34-Ashutosh/-

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