Rajasthan High Court - Jodhpur
Bajrang Meena vs State Of Rajasthan ... on 9 February, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/004649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 794/2023
Bajrang Meena S/o Amba Lal Meena, Aged About 30 Years, R/o
Tekari Main Road Par Topa, Naya Gaon, P.s. Shahpura, Dist.
Bhilwara
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. MS Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/02/2023
The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. praying that the order dated 30.01.2023
passed by learned Special Judge, NDPS Cases, Bhilwara in
Criminal Misc. Case No.05/2023, be set aside, whereby the said
court rejected the application filed by the petitioner under Section
451 Cr.P.C. for releasing the vehicle Alto VXI Car No.RJ-51-CA-
6436 on supardgi.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in 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
[2023/RJJD/004649] (2 of 3) [CRLMP-794/2023]
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 co-
ordinate 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, relying upon the judgment of the Supreme
Court in the case of Sunderbhai Ambalal Desai (supra), present
petition is allowed and the order dated 30.01.2023 is hereby
quashed and set aside and the vehicle Alto VXI Car No.RJ-51-CA-
6436 in question 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.4,00,000/- each with two sureties of
Rs.2,00,000/- each to the satisfaction of the trial
Court undertaking to produce the vehicle Alto VXI Car
No.RJ-51-CA-6436 in the Court as and when required
to do so.
(b) the petitioner shall get the vehicle Alto VXI Car
No.RJ-51-CA-6436 photographed showing the
registration number as well as the chassis number.
Such photograph shall be taken in the presence 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
[2023/RJJD/004649] (3 of 3) [CRLMP-794/2023]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle Alto VXI Car No.RJ-51-CA-
6436 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 vehicle Alto VXI
Car No.RJ-51-CA-6436 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
135-MS/-
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