Vasudev vs State Of Rajasthan ...
2023 Latest Caselaw 3582 Raj

[2023/RJJD/011907]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 439/2023

Vasudev S/o Rajuram Suthar, Aged About 25 Years, W.no. 11, Near Old Station, Lunkaransar Dist. Bikaner.

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

----Respondent

For Petitioner(s) : Mr. Prawesh Kumar Rawla For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/04/2023

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

been made to the order dated 10.04.2023 passed by the

learned Special Judge, NDPS Act, District - Bikaner (Upper

Sessions Judge, No.1, Bikaner) in Misc. Criminal Case

No.117/2023 pertaining to FIR No.92/2022 registered at

Police Station -Loonkaransar, District - Bikaner whereby the

prayer made by the petitioner for releasing the vehicle in

question (Bike) bearing registration No.RJ 07 SK 8915, has

been declined.

2. 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 Supurdaginama of the same.

[2023/RJJD/011907] (2 of 2) [CRLR-439/2023]

3. Learned Public Prosecutor opposed the criminal

miscellaneous petition.

4. 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 191-Ashutosh/-

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