Manoj Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 3282 Raj

[2023/RJJD/010770]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 2/2023

Manoj Kumar S/o Sh. Birbal Ram, Aged About 24 Years, Chak 3 P.s.s.m. Ranjeetpura, Teh. Kolayat Dist. Bikaner.

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

For Petitioner(s)             :   Mr. Arjun Singh
For Respondent(s)             :   Mr. Gaurav Singh, P.P.


               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 18.08.2022 passed

by the learned Special Judge, NDPS Cases, Bikaner (Additional

Sessions Judge No.1, Bikaner), District-Bikaner in Criminal Misc

Case No.210/2022 pertaining to FIR No. 67/2022 registered at

Police Station Pugal, District Bikaner whereby the prayer made by

the petitioner for releasing the vehicle in question (Bolero

Camper) bearing registration No. RJ-19GD-3511 has been

declined.

Learned counsel for the petitioner submits that the recovered

plastic bag was of below commercial quantity. He further submits

that 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 possession of the seized property.

There is no other person claiming supurdagi of the same.

Learned Public Prosecutor opposed the criminal

miscellaneous petition.

[2023/RJJD/010770] (2 of 2) [CRLR-2/2023]

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

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

4,00,000/- 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. 4,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 18-divya/-

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