Kanhaiya Lal Sharma vs State Of Rajasthan ...
2023 Latest Caselaw 2974 Raj

[2023/RJJD/009738]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 252/2023

Kanhaiya Lal Sharma S/o Bheru Lal Sharma, Aged About 24 Years, R/o Akola Khurd Ps Mandpiya Dist. Chittorgarh

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

----Respondent

For Petitioner(s) : Mr. Om Prakash For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order

12/04/2023

By way of filing of the instant revision petition, challenge has

been made to the order dated 14.02.2023 passed by the learned

Special Judge, NDPS Cases, District Bhilwara in Session Case

No.3/2023 pertaining to the FIR No. 234/2022 registered at Police

Station Pur District Bhilwara whereby the prayer made by the

petitioner for releasing the vehicle in question (Apache Black

motor cycle) bearing registration No. Gj-01VL-3166 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 Public Prosecutor opposed the criminal

miscellaneous petition.

In view of the order dated 10.11.2022 passed by Hon'ble the

Supreme Court in Criminal Appeal No. 2005/2022 titled Sainaba

[2023/RJJD/009738] (2 of 2) [CRLR-252/2023]

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 as determined by the Special Court, this Court deems it

appropriate to allow the petition and release the vehicle in favour

of the petitioner provided he furnishes a Supurdaginama of Rs.

70,000/- and surety of like amount to the satisfaction of the

Magistrate concerned.

Considering the submissions and 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. 70,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 35-divya/-

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