Bajranglal vs State Of Rajasthan ...
2023 Latest Caselaw 1952 Raj

[2023/RJJD/006072]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 864/2023

Bajranglal S/o Sh. Shankerlal Ji, Aged About 32 Years, R/o Jaisinghdesar, Magra, Teh. Nokha, Dist. Bikaner.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Dinesh, brother-in-law of petitioner-Bajranglal For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/02/2023

Petitioner has filed this criminal misc. petition under Section

482 Cr.P.C. to assail the impugned judgment dated 01.11.2022

passed by learned Special Judge, NDPS Act, Bikaner (Additional

Session Judge No.1, Bikaner) in Misc. Criminal Case No.281/2022

whereby the learned trial Court rejected the application under

Section 457/451 Cr.P.C., moved by the petitioner for releasing the

vehicle Motorcycle bearing No.RJ-07-SM-8197 on 'supurdginama'.

I have heard brother-in-law of the petitioner and learned

Public Prosecutor for the State.

Brother-in-law of 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 above the

[2023/RJJD/006072] (2 of 3) [CRLMP-864/2023]

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 01.11.2022 is hereby quashed and set aside and the

vehicle Motorcycle bearing No.RJ-07-SM-8197 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.50,000/- each with two sureties of Rs.25,000/- 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/006072] (3 of 3) [CRLMP-864/2023]

(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 Motorcycle bearing No.RJ-07-SM-8197 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 84-MS/-

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