Rajesh Bishnoi vs State Of Rajasthan ...
2023 Latest Caselaw 3756 Raj

[2023/RJJD/012550]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 238/2023

Rajesh Bishnoi S/o Shanti Lal Bishnoi, Aged About 26 Years, R/o Kudsu Jambheshwar Nagar Bikaner

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

----Respondent

For Petitioner(s) : Mr. Hari Shankar Shrimali For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/04/2023

1. 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, NDPS Act Cases, Bikaner in Criminal

Misc. Case No.50/2023 pertaining to FIR No.387/2022 registered

at the Police Station Sadar, Bikaner, whereby the prayer made by

the petitioner for releasing the vehicle in question (Maruti Alto)

bearing registration No. RJ-07-CC-7920, has been declined.

2. Learned counsel for the petitioner 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.

3. Learned Public Prosecutor opposed the criminal revision

petition.

[2023/RJJD/012550] (2 of 2) [CRLR-238/2023]

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

Court below.

(FARJAND ALI),J 39-Pramod/-

Powered by TCPDF (www.tcpdf.org)