Karamveer vs State Of Rajasthan ...
2023 Latest Caselaw 3584 Raj

[2023/RJJD/011867]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 308/2023

Karamveer S/o Shri Banwari Lal, Aged About 35 Years, R/o Village Dwarka, Tehsil Badhda, District Charkhidadari, Haryana Through Sale Letter Sunil S/o Bhag Chand, R/o Ward No. 7, Baniya Police Station Jasrasar, Tehsil Nokha, District Bikaner.

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


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



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

25/04/2023

1. By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 02.03.2023 passed

by the learned Special Judge, N.D.P.S. Cases, Bikaner (Addl.

Sessions Judge No.1, Bikaner) pertaining to FIR No.10/2023

registered at Police Station Napasar, District Bikaner whereby the

prayer made by the petitioner for releasing the vehicle in question

(Bolero) bearing registration No.HR-88-9269, has been declined.

2. Learned counsel for the petitioner submits prior to the

incident, an agreement to sale had entered into between the

petitioner and the registered owner Karamveer and to that effect

requisite paper of Buyer Seller Agreement dated 31.01.2023 and

Form 29 were executed in his favour. In pursuance of which, No

Objection Certificate was issued by the State Transport

Department, Government of Haryana dated 23.01.2023. The

[2023/RJJD/011867] (2 of 2) [CRLR-308/2023]

registered owner Karamveer had also executed an affidavit to the

effect that if the vehicle is being given to the petitioner he has no

objection. Learned counsel for the petitioner further 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.

4. Learned Public Prosecutor opposed the criminal

miscellaneous petition.

5. 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 40-AnilKC/-

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