Rajasthan High Court - Jodhpur
Lakhvir Singh vs State Of Rajasthan ... on 16 February, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/005469]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 901/2023
Lakhvir Singh S/o Sh. Rajinder Singh, Aged About 40 Years, R/o
Sador, P.s. Sador, District Sengroor (Punjab)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. SK Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/02/2023
Petitioner has filed this criminal misc. petition under Section
482 Cr.P.C. to assail the impugned judgment dated 02.02.2023
passed by learned Special Judge, NDPS Cases No.1, Chittorgarh in
Criminal Misc. Case No.113/2023 whereby the learned trial Court,
rejected the application under Section 451 Cr.P.C., moved by the
petitioner for releasing the vehicle INNOVA car No.PB-13-BH-
7732.
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/005469] (2 of 3) [CRLMP-901/2023]
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, the instant misc. petition is allowed and the
order dated 02.02.2023 is hereby quashed and set aside and the
vehicle INNOVA car No.PB-13-BH-7732 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 vehicle in the Court
as and when required to do so.
(b) the petitioner shall get the 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 full
residential particulars of the sureties and the persons
identifying them.
[2023/RJJD/005469] (3 of 3) [CRLMP-901/2023]
(d) the petitioner shall undertake not to transfer the
ownership of the 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 vehicle INNOVA
car No.PB-13-BH-7732 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
94-MS/-
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