Arun vs Union Of India (2023:Rj-Jd:41606)
2023 Latest Caselaw 10272 Raj

Rajasthan High Court - Jodhpur

Arun vs Union Of India (2023:Rj-Jd:41606) on 1 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:41606]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4650/2023

Arun S/o Roshan Lal, Aged About 34 Years, B/c Soni R/o Ward
No. 19 Anoopgarh Ps Anoopgarh Dist. Sri Ganganagar
                                                                   ----Petitioner
                                    Versus
Union Of India, Special PP CBN
                                                                 ----Respondent


For Petitioner(s)         :     Mr. RS Gill
For Respondent(s)         :     Mr. KS Nahar, Spl.P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

01/12/2023

1. By way of filing the instant criminal misc. petition, challenge

has been made to the order dated 08.05.2023 passed by the

learned Special Judge, NDPS Act Cases, No.2, District Chittorgarh

in Criminal Misc. Case No.72/2023 pertaining to FIR No. 03/2016

registered at Police Station CBN Chittorgarh whereby the prayer

made by the petitioner for releasing the vehicle in question

(Maruti Swift Dzire Car) bearing registration No. RJ-13-CB-2697

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 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.

[2023:RJ-JD:41606] (2 of 2) [CRLMP-4650/2023]

3. Learned Public Prosecutor opposed the instant criminal misc.

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 misc. 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.

5. This order shall not be operational if the final order of

confiscation has been passed.

(FARJAND ALI),J 322-pramod/-

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