Mangilal Mehla vs State Of Rajasthan ...
2023 Latest Caselaw 1001 Raj

Citation : 2023 Latest Caselaw 1001 Raj
Judgement Date : 25 January, 2023

Rajasthan High Court - Jodhpur

Mangilal Mehla vs State Of Rajasthan ... on 25 January, 2023

Bench: Madan Gopal Vyas

[2023/RJJD/002476]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 87/2023

Mangilal Mehla S/o Sh. Prahladram, Aged About 24 Years, Kalirana Nagar, Tan Sajnaniyo Ki Dhani, Ps Bhojasar, Dist. Jodhpur.

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


For Petitioner(s)         :     Mr. BR Godara
For Respondent(s)         :     Mr. Abhishek Purohit



           HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                 Judgment

25/01/2023

The petitioner has preferred this criminal revision petition

under Section 397 Cr.P.C against the order dated 6.1.2023 passed

by learned Special Judge, NDPS Act Cases, Bikaner in Cr. Misc.

Case No.335/2022 pertaining to FIR No.244/2021 registered at

Police Station Bichhwal, District Bikaner for the offences under

Sections 8/15, 25 and 29 of the N.D.P.S. Act, whereby the

prayer to release the seized motorcycle (hereinafter referred to as

the vehicle in question for short) bearing No.RJ-19BL-5049 on

supurdaginama in favour of the petitioner, has been rejected.

As per prosecution story, 21.020 kgs poppy straw without

having any license or permit was recovered from the vehicle in

question. After investigation, the police found that petitioner was

owner of the said vehicle.

[2023/RJJD/002476] (2 of 4) [CRLR-87/2023]

The trial court has rejected the application filed under

Section 451 Cr.P.C. by the petitioner seeking interim custody of

the subject vehicle on the ground of severity of offence and

possessing the narcotic substance by the petitioner.

Heard learned counsel for the parties and perused the

material available on record as well the order impugned.

Learned counsel for the petitioner while praying for interim

custody of the vehicle in question submits that the petitioner is

registered owner of the vehicle in question, and therefore, he is

entitled for interim custody of the vehicle in question. The learned

counsel for the petitioner has relied upon the judgment rendered

in the case of Sunderbhai Ambalal Desai vs. State of Gujarat,

reported in (2002) 10 SCC 283, to contend that the Supreme

court has held that the vehicle should not be permitted to remain

parked in the police station as same shall gather rust and shall not

remain useful.

Per contra, learned Public Prosecutor while supporting the

order impugned passed by the trial court, prays for rejection of

the revision petition.

Having heard the rival submissions and perusal of the record,

in the considered opinion of this Court, the interim custody of the

vehicle in question alleged to be used in committing the offence of

NDPS Act cannot be denied on the ground of severity of offence.

It is also settled legal proposition of law that interim custody of

the vehicle cannot be denied on the ground that it is liable to be

confiscated, in case the offence is proved against the accused. As

[2023/RJJD/002476] (3 of 4) [CRLR-87/2023]

per prosecution story, the petitioner is the registered owner of the

vehicle in question.

Keeping in mind the judgment of the Hon'ble Apex Court

in the case of Sunderbhai Ambalal Desai vs. State of Gujarat

(supra), there is no reason to deny interim custody of the vehicle

to the owner or person entitled to get possession of the vehicle. If

the vehicle is allowed to be kept in the police station for an

indefinite period, then value of the vehicle shall be diminished

substantially and it may not remain in usable condition. In the

above circumstances, the prayer of the petitioner deserves to be

allowed.

Consequently, the revision petition is allowed. The impugned

order dated 6.1.2023 passed by learned trial court is set aside and

motorcycle bearing registration No.RJ-19-BL-5049 is ordered to be

released on 'supurdagi' in favour of the petitioner till completion of

the trial on the following conditions:-

(a) the petitioner shall furnish a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the trial court undertaking to produce the vehicle aforesaid in the Court as and when required to do so.

(b) the petitioner shall get the vehicle aforesaid 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 bond 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 photographs of persons identifying them before the Court, which is with full residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of the vehicle aforesaid and not to lease it to

[2023/RJJD/002476] (4 of 4) [CRLR-87/2023]

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 aforesaid to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.