Raju vs State Of Rajasthan ...
2023 Latest Caselaw 3278 Raj

[2023/RJJD/010962]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 403/2023

Raju S/o Bhanwar Lal, Aged About 40 Years, Murlidhar Ji Ka Chowk, Chandawal, P.s. Sojat City, Dist. Pali (Raj.).

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

----Respondent

For Petitioner(s) : Mr. Vikas Bishnoi For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/04/2023

By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 28.03.2023 passed

by the learned Additional Sessions Judge, Sojat, District Pali in

Misc. Case No.39/2023 pertaining to FIR No.193/2020 registered

at the Police Station Sojat Road, District Pali, whereby the prayer

made by the petitioner for releasing the vehicle in question (Swift

Dezire) bearing registration No. RJ-14-LC-7532, has been

declined.

Learned counsel for the petitioner submits that the

petitioner is not an accused in the case, rather his brother

Hanuman Ram is accused of having contraband poppy husk

weighing 4 kg. 200 gm. in his possession. The petitioner 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

[2023/RJJD/010962] (2 of 2) [CRLR-403/2023]

possession of the seized property. There is no other person

claiming supurdagi of the same.

Learned Public Prosecutor opposed the criminal

miscellaneous petition.

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. 3,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 178-Pramod/-

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