Sri Ram vs State Of Rajasthan (2023:Rj-Jd:44079)
2023 Latest Caselaw 10791 Raj

Rajasthan High Court - Jodhpur

Sri Ram vs State Of Rajasthan (2023:Rj-Jd:44079) on 15 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:44079]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7749/2023

Sri Ram S/o Shri Magna Ram Bishnoi, Aged About 40 Years, R/o
Vishnu Nagar, Jalod, Tehsil Lohawat, Dist. Phalodi
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ashok Khilery
For Respondent(s)         :     Mr. A.R. Choudhary, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

15/12/2023

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

has been made to the order dated 05.12.2023 passed by the

learned Special Judge, NDPS Act Cases (Additional Sessions Judge

No.1), District Bikaner in Misc. Case No.519/2023 pertaining to

FIR No. 293/2023 registered at Police Station Bichhwal, District

Bikaner whereby the prayer made by the petitioner for releasing

the vehicle in question (Bus) bearing registration No. RJ-07-PB-

5529, has been declined.

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

registered 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:44079] (2 of 2) [CRLMP-7749/2023]

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 criminal 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. 8,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 580-divya/-

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