Jagdish Chandra Banjara vs State Of Rajasthan ...
2023 Latest Caselaw 5932 Raj

[2023:RJ-JD:25850]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Revision Petition No. 526/2023

Jagdish Chandra Banjara S/o Soji Banjara, Aged About 48 Years, R/o Keshav Nagar, Pipali Acharyan, Police Station Kankroli, Dis- trict Rajsamand.

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

----Respondent

For Petitioner(s) : Mr. Hitendra Singh For Respondent(s) : Mr. SK Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/08/2023

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

lenge has been made to the order dated 02.05.2023 passed by

the learned Special Judge (NDPS Cases) (Additional District Judge)

Balotra, in Misc. Case No.81/2023 whereby the prayer made by

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

registration No. RJ 30 CA 7876, has been partly allowed.

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

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

lice Officers. He submits that the petitioner being the owner of the

vehicle in question, is the person best entitled to get back the pos-

session of the seized property. There is no other person claiming

supurdagi of the same.

3. Learned Public Prosecutor opposed the instant criminal revi-

sion petition.

[2023:RJ-JD:25850] (2 of 2) [CRLR-526/2023]

4. Considering the submissions and following the judgment ren-

dered 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 191-raksha/-

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