Rajasthan High Court - Jodhpur
Gaurav Divakar vs State Of Rajasthan ... on 12 April, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/009580]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6320/2022
Gaurav Divakar S/o Ghanshyam Lal Vaishnav, Aged About 28
Years, Medatwal Bhawan, Labour Colony, P.s. Pratap Nagar,
Bhilwara Through Power Of Attorney Holder Ghanshyam Lal
Vaishnav S/o Prabhudas Vaishnav, Aged About 61 Years, R/o
Meratwal Bhawan, Labor Colony, P.s. Pratap Nagar, Dist. Bhilwara
(Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. N.K. Gurjar
For Respondent(s) : Mr. S.K. Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/04/2023
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. praying that the order dated 29.07.2022
passed by learned Special Judge, NDPS Act Cases, Bhilwara in
Criminal Case No.53/2022, be set aside, whereby the said court
has refused to release the Car bearing registration No.RJ-06-CD-
9069 to the petitioner.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
from the accused for carrying contraband of small quantity just
above the commercial quantity. It is in that background, the Court
[2023/RJJD/009580] (2 of 3) [CRLMP-6320/2022]
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Relying upon the judgment of the Supreme Court in the case
of Sunderbhai Ambalal Desai (supra), present petition is allowed
order dated 29.07.2022 passed by the learned Special Judge
NDPS Act Cases, Bhilwara is hereby quashed and the trial court is
directed to release the Motor Cycle bearing No.RJ-06-CD-9069
seized as case property by imposing following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.4,00,000/- each with two sureties of
Rs.2,00,000/- each to the satisfaction of the trial
Court undertaking to produce the Car No.RJ-06-CD-
9069 in the Court as and when required to do so.
(b) the petitioner shall get the Car No.RJ-06-CD-
9069 photographed showing the registration number
as well as the chassis number. Such photograph shall
be taken in the presence of the Investigating Officer,
to be kept on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photograph of perhaps
[2023/RJJD/009580] (3 of 3) [CRLMP-6320/2022]
identifying them before the Court which is with full
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Car No.RJ-06-CD-9069 and not to
lease it to anyone and not to make or allow any
changes in it to be made so as to make
unidentifiable.
(e) the petitioner will not allow the Car No.RJ-06-
CD-9069 to be used for any antisocial activities
including for the purpose of carrying narcotics which
may constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J
92-Ishan/-
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