Sona vs State Of Rajasthan
2023 Latest Caselaw 6117 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1004/2023

Sona W/o Gopal Nath, Aged About 29 Years, R/o 09 Jogiya Basti, Loonkaransar, District Bikaner Through Power Of Attorney Holder Gopal Nath S/o Revant Nath, Age About 37 Years, R/o 09 Jogiya Basti, Loonkaransar, District Bikaner (Raj.)

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

----Respondent

For Petitioner(s) : Mr. Amardeep Lamba Ms. Manjula Choudhary For Respondent(s) : Mr. S.S. Purohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/08/2023

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

challenge has been made to the order dated 28.07.2023

passed by the learned Special Judge, NDPS Act District-

Bikaner (Additional Session Judge No.1, Bikaner) in Criminal

Misc. Case No.298/2023 under Section 457/451 of Cr.P.C.

pertaining to FIR No.100/2023 registered at Police Station -

Pugal, District - Bikaner whereby the prayer made by the

petitioner for releasing the vehicle in question (Car) bearing

registration No. -RJ 19 CD 3355, 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

(2 of 2) [CRLR-1004/2023]

to get back the possession of the seized property. There is

no other person claiming Supurdagi of the same.

3. Learned Additional Government Advocate 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 26-Ashutosh/-

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