Damodar Son Of Badrilal vs State Of Rajasthan
2023 Latest Caselaw 601 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Criminal Revision Petition No. 1990/2022

Damodar Son Of Badrilal, Resident Of Lalgah, Police Station
Sandwa, District Churu (Raj)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Petitioner(s)         :    Mr. R.R. Gurjar
For Respondent(s)         :    Mr. M.S. Saini, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/01/2023

By way of filing the instant revision petition, challenge has

been made to the order dated 28.09.2022 passed by learned

Additional District and Sessions Judge No.1, Kekri which arose out

of FIR No.182/2022 registered at Police Station Bhinai, Distt.

Ajmer for the offence under Section 8/18 of NDPS Act, 1985.

Learned counsel for the petitioner submits that he is the

owner of the vehicle in question i.e. Swift Car bearing registration

No.RJ-CA-9139, which has been seized by the Police Officers. He

submits that the petitioner being the owner of the vehicle in

question, is the person best entitled to get back the possession of

the seized property. There is no other person claiming supurdagi

of the same.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-petitioner.

(2 of 2) [CRLR-1990/2022]

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case while

refraining from passing any comments on the niceties of the

matter, this Court deems it appropriate to allow the revision

petition.

In view of the judgment passed by Hon'ble the Supreme

Court in the case of Sunderbhai Ambalal Desai Vs. State

ofGujarat [(2002) 10 SCC 283] & the order dated 18.11.2022

passed by Hon'ble the Supreme Court in Criminal Appeal

No.2005/2022 [SLP (Crl.) No.7280/2022] titled as Sainaba v.

The State of Kerela & Anr., wherein the vehicle involved in a

crime under NDPS Act, was directed to be released on terms and

conditions to be determined by the Special Court, the revision

petition is allowed. The order dated 28.09.2022 passed by learned

Additional District and Sessions Judge No.1, Kekri is hereby

quashed and set aside and this Court deems it just and

appropriate to release the vehicle in favour of the petitioner

provided he furnishes a Supurdaginama of Rs. 3,00,000/- and a

surety of like amount to the satisfaction of the learned Magistrate

concerned.

The stay application stands disposed of.

(FARJAND ALI),J

PREETI VALECHA /53

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