Chailu Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3579 Raj

[2023/RJJD/011816]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 239/2023

Chailu Singh S/o Shri Madan Singh, Aged About 30 Years, R/o Behind Daga Palace, Nai Line, Ganga Shahar, Bikaner, District Bikaner (Raj.)

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

----Respondent

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

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/04/2023

By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 07.02.2023 passed

by the learned Special Judge, Narcotic Drugs and Pshchotropic

Substances Act, Bikaner (Additional Session Judge No.1 Bikaner)

in Criminal Case No.45/2023 pertaining to FIR No.327/2015

registered at Police Station Ganga Shahar, District Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Motor Cycle) bearing registration No. R.J.07-

S.J.-9403, 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.

[2023/RJJD/011816] (2 of 2) [CRLR-239/2023]

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

Court below.

(FARJAND ALI),J 39-AnilKC/-

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