Rajasthan High Court - Jodhpur
Ramkumar vs State Of Rajasthan ... on 8 February, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/004477]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3537/2022
Ramkumar S/o Shri Ladhu Ram, Aged About 25 Years, B/c
Bishnoi, R/o Madasar, Tehsil Pokran, District Jaisalmer.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Ram Kumar, petitioner present in
person
For Respondent(s) : Mr.Anil Joshi, AAG-cum-GA assisted by
Mr.Rajat Chhaparwal, Asstt. Counsel
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/02/2023
The instant criminal misc. petition under Section 482 Cr.P.C.
has been filed by the petitioner assailing the impugned order
dated 10.11.2021 passed by Learned Special Judge, NDPS Act
Cases, Pokaran, Distt. Jaisalmer (for short, 'learned trial Court')
whereby the learned trial Court rejected the application under
Section 451 Cr.P.C., moved by the petitioner for releasing the
vehicle Bolero Pickup Bearing No.RJ-15 GA 6484, Chasis No.
MA1ZC2TBKK1A17322, Engine No.TBK1A27570.
I have heard learned AAG-cum-GA and perused the material
available on record.
The petitioner is said to be registered owner of the alleged
vehicle.
A reliance has been placed by the petitioner on a decision of
the co-ordinate Bench of this Court rendered at Jaipur Bench in
[2023/RJJD/004477] (2 of 3) [CRLMP-3537/2022]
Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.
(Raj.) 507. In the aforesaid judgment, the vehicle and other
articles were seized from the accused for carrying contraband of
small quantity just above the commercial quantity. It is in that
background, the Court has acceded to the prayer of the incumbent
and recorded its finding that solely for the reason that the vehicle
and other articles are likely to be confiscated after trial,
conditional release of the vehicle and other articles on
Supurdginama and surety cannot be denied and interim custody of
the vehicle and other articles can be granted to the incumbent on
certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and
coordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the criminal misc. petition is allowed and the
order dated 10.11.2021 is hereby quashed and set aside and the
vehicle Bolero Pickup Bearing No.RJ-15 GA 6484, Chasis No.
MA1ZC2TBKK1A17322, Engine No.TBK1A27570 is ordered to be
released on 'supardgi' till the completion of the trial upon following
conditions:-
(a) the petitioner furnishes a personal bond in the sum of
Rs.6,00,000/- each with two sureties of Rs.3,00,000/-
each to the satisfaction of the trial Court undertaking to
produce the said vehicle in the Court as and when
required to do so.
(b) the petitioner shall get the said vehicle photographed
showing the registration number as well as the chassis
number. Such photograph shall be taken in the presence
[2023/RJJD/004477] (3 of 3) [CRLMP-3537/2022]
of the Investigating Officer, to be kept on the file of the
case.
(c) the personal bonds of the petitioner and bonds of sureties
shall carry the photographs of the petitioner and his
sureties and the bond of sureties shall further carry the
photograph of perhaps identifying them before the Court
which is with full residential particulars of the sureties and
the persons identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the said vehicle and not to lease it to anyone
and not to make or allow any changes in it to be made so
as to make unidentifiable.
(e) the petitioner will not allow the said vehicle to be used for
any antisocial activities including for the purpose of
carrying narcotics which may constitute offence under the
NDPS Act."
(MANOJ KUMAR GARG),J
88-NK/-
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