Kamla Devi vs State Of Rajasthan
2023 Latest Caselaw 5775 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 713/2023

Kamla Devi W/o Late Rameshwar Lal, Aged About 60 Years, R/o Gali No. 5 Guru Jambeshwar Mandie Ke Piche Rampura Basti Lalgarh Bikaner

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

----Respondent

For Petitioner(s) : Mr. Shree Kant Verma For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/08/2023

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

challenge has been made to the order dated 12.04.2023 passed

by the learned Special Judge, NDPS Act, District Bikaner in

Criminal Misc. Case No.73/2023 pertaining to FIR No. 232/2022

registered at Police Station Beechwal, District Bikaner whereby the

prayer made by the petitioner for releasing the vehicle in question

(Hero HF Deluxe Motorcycle) bearing registration No. RJ-07-SZ-

1378, has been declined.

2. Learned counsel for the petitioner submits that it is not in

dispute that one Rameshwar Lal is the registered owner of the

Hero HF Deluxe Motorcycle which has been seized by the Police

Officers. The said registered owner has passed away on

30.06.2021. The petitioner Kamla Devi is her widow and after the

demise of her husband, she and her daughters, namely, Nirma,

Shayara, Mamta, Priya and son Kailash are only legal heirs and

(2 of 2) [CRLR-713/2023]

have vested interest in the property of the deceased owner. She is

the person best entitled to get back the possession of the seized

property.

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 she furnishes an affidavit alongwith

the Supurdaginama of Rs. 50,000/- and surety of like amount to

the satisfaction of the Court below. It shall be mentioned in her

affidavit that there are no other legal heirs except them.

(FARJAND ALI),J 16-divya/-

Powered by TCPDF (www.tcpdf.org)