Balveer Singh vs State Of Rajasthan
2023 Latest Caselaw 6587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1118/2023

Balveer Singh S/o Harchand Singh, Aged About 40 Years, B/c Jatsikh, R/o Makha, Ps Kalawali, Tehsil Kalawali, District Sirsa, Haryana.

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

----Respondent

For Petitioner(s) : Mr. Jogendra Singh For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/08/2023

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

challenge has been made to the order dated 16.08.2023 passed

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

and Sessions Judge No.1, Bikaner in Criminal Misc. Case

No.318/2023 pertaining to FIR No.90/2023 registered at Police

Station Chhatargarh, District Bikaner whereby the prayer made by

the petitioner for releasing the vehicle in question (Motorcycle)

bearing registration No. RJ-07-GB-9570 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 to get back the

possession of the seized property. There is no other person

claiming supurdagi of the same.

                                                                            (2 of 2)                          [CRLR-1118/2023]



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

Court below.

(FARJAND ALI),J 295-Taruna/-

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