Rajasthan High Court - Jodhpur
Damaram vs State Of Rajasthan ... on 27 February, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/006074]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 506/2023
Dama Ram S/o Shri Deraj Ram, Aged About 36 Years, R/o
Cholaniyo Ki Dhani, Sherpur, Lilsar, P.S. Choutan, District
Barmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : None present
For Respondent(s) : Mr.Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/02/2023
The instant criminal misc. petition under Section 482 Cr.P.C.
has been filed by the petitioner assailing the order dated
06.01.2023 passed by learned Special Judge, NDPS Court, Bikaner
in Criminal Misc. Case No.1/2023 (Sessions Case No.223/2021)
arising out of FIR No.10/2021, registered at P.S. Bichwal, Bikaner ,
whereby the learned trial Court rejected the application under
Section 451 Cr.P.C., moved by the petitioner for releasing the
vehicle Scorpio Car bearing registration No.RJ-16 UA 2474, Chasis
No.MA1TA2MHNB2L44733, Engine No.MHB4L83984.
Lawyers are abstaining from work.
I have heard learned Public Prosecutor and perused the
material available on record.
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
[2023/RJJD/006074] (2 of 3) [CRLMP-506/2023]
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 instant misc. petition is allowed and the
order dated 06.01.2023 is hereby quashed and set aside and the
vehicle Scorpio Car bearing registration No.RJ-16 UA 2474, Chasis
No.MA1TA2MHNB2L44733, Engine No.MHB4L83984 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/006074] (3 of 3) [CRLMP-506/2023]
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
20-NK/-
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