Birbal vs State Of Rajasthan ...
2023 Latest Caselaw 5455 Raj

[2023:RJ-JD:24313]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 851/2023

Birbal S/o Mool Chand, Aged About 55 Years, Swamiyo Ka Mohalla, W.no. 09, Ridmalsar Purohitan, P.s. Jai Narayan Vyas Colony, Bikaner, Dist. Bikaner (Raj.).

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

----Respondent

For Petitioner(s) : Mr. Amardeep Lamba For Respondent(s) : Mr. Aneesh Bhurat, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/08/2023

1. By way of filing of the instant criminal revision petition,

challenge has been made to the order dated 27.06.2023

passed by the learned Special Judge, NDPS Act (Additional

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

No.253/2023 pertaining to FIR No.133/2023 registered at

Police Station -Jai Narayan Vyas Colony, District - Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Bolero) bearing Registration No.

RJ 07-UA-7486, 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 Supurdagi of the same.

[2023:RJ-JD:24313] (2 of 2) [CRLR-851/2023]

3. Learned Public Prosecutor opposed the instant criminal

revision 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.4,00,000/- and surety of

like amount to the satisfaction of the Court below.

(FARJAND ALI),J 43-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)