Raju Lal Bairva vs State Of Rajasthan ...
2023 Latest Caselaw 1699 Raj

[2023/RJJD/005128]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2146/2022

Raju Lal Bairva S/o Narayan Lal Bairva, Aged About 30 Years, resident of Kotdi Police Station Kotdi Dist. Bhilwara.

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr.Naresh Bishnoi, Adv.

For Respondent(s)              :     Mr.S.K.Mehar, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                         Order

13/02/2023

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner assailing the impugned order

dated 11.02.2021 passed by learned Special Judge, NDPS Act

Cases, Bhilwara in Criminal Misc. Case No.05/2022, whereby the

learned Special Judge while partly allowing the application under

Section 451 Cr.P.C. moved by the petitioner, refused to release the

vehicle Mini Truck 407 Tata bearing registration No.RJ 06 GB 4541,

Chasis No.MAT455221E8K27318, Engine No.497SP67KVY639465.

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

[2023/RJJD/005128] (2 of 3) [CRLMP-2146/2022]

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 instant criminal misc. petition is allowed and

the order dated 11.02.2021 is hereby quashed and set aside and

the vehicle Mini Truck 407 Tata bearing registration

No.RJ 06 GB 4541, Chasis No.MAT455221E8K27318, Engine

No.497SP67KVY639465 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.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 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

[2023/RJJD/005128] (3 of 3) [CRLMP-2146/2022]

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 75-NK/-

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