Paramjeet Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5629 Raj

[2023:RJ-JD:24917]

-HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 569/2023

Paramjeet Singh S/o Sh. Balvir Singh, Aged About 36 Years, R/o 2 L.c. Dabla Tehsil Raisinghnagar Dist. Sri Ganganagar Raj.

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

----Respondent

For Petitioner(s) : Mr. Pravesh Kumar Rawla For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order 04/08/2023

1. Matter comes upon an application for condonation of delay

under Section 5 of the Limitation Act preferred on behalf of the

petitioner.

2. For the reasons and grounds mentioned in the application,

the same is allowed.

3. The delay of 27 days in filing the instant revision petition is

condoned.

4. The revision petition be treated within the limitation.

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

challenge has been made to the order dated 11.01.2023 passed

by the learned Special Judge NDPS Act Cases, Bikaner in Criminal

Misc. Application No.20/2023 pertaining to FIR No. 33/2022

registered at Police Station Khajuwala, District - Bikaner whereby

the prayer made by the petitioner for releasing the vehicle in

question (Swift Car) bearing registration No. RJ 02 CC 6446, has

been declined.

6. Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

[2023:RJ-JD:24917] (2 of 2) [CRLR-569/2023]

Police Officers. The vehicle is lying in open in police station

premises and the possibility of its deterioration cannot be ruled

out and if it happens, it would be a loss of national asset. He

further 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.

7. Learned Public Prosecutor opposed the instant criminal

revision petition.

8. 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 125-divya/-

Powered by TCPDF (www.tcpdf.org)