Brajesh Kumar vs State Of Rajasthan
2023 Latest Caselaw 5533 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 515/2023

Brajesh Kumar S/o Sh. Krishanlal, Aged About 34 Years, 22 A S B (6 D D) Teh. Gharsana, Dist. Sriganganagar

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Pawan Kumar S/o Sh. Sharwan Kumar, W.no. 24, 24 Asc, Teh. Gharsana, Dist. Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Bharat Singh Rathore Mr. Jayram Saran For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Anil Bishnoi

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/08/2023

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

challenge has been made to the order dated 05.04.2023

passed by the learned Special Judge NDPS Cases, Bhilwara

in Criminal Misc. Case No.09/2023 pertaining to FIR

No.56/2018 registered at Police Station -Hamirgarh, District

- Bhilwara whereby the prayer made by the petitioner for

releasing the vehicle in question (Mahindra Bolero) bearing

registration No. -RJ 13 PA 5318, has been declined.

2. It is brought on record that prior to the incident he had sold

the vehicle to one Pawan Kumar. During the investigation

also, when a notice under Section 133 of the N.V. Act was

given to the said Pawan Kumar, he, in his response, had

stated to the Police that he bought the vehicle from the

(2 of 2) [CRLR-515/2023]

present petitioner. The said Pawan Kumar has furnished an

affidavit duly attested by the notary deposing therein that if

the vehicle is given to the petitioner on Supardaginama and

so also if he deposits the installment of the vehicle; he has

no objection. The original affidavit be taken on record.

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 192-Ashutosh/-

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