Shivpratap vs State Of Rajasthan
2023 Latest Caselaw 695 Raj

Citation : 2023 Latest Caselaw 695 Raj
Judgement Date : 18 January, 2023

Rajasthan High Court - Jodhpur

Shivpratap vs State Of Rajasthan on 18 January, 2023

Bench: Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1571/2022

Shivpratap S/o Bagadu Ram, Aged About 25 Years, Sarnayat, P.s. Ramdeora, Dist. Jaisalmer.

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


For Petitioner(s)        :     Mr. Ashok Bishnoi
For Respondent(s)        :     Mr. Gaurav Singh, PP


         HON'BLE MR. JUSTICE MADAN GOPAL VYAS
                                    Order
18/01/2023

The petitioner has preferred this criminal revision petition

under Section 397/401 Cr.P.C against the order dated 17.12.2022

passed by learned Addl. Sessions Judge, Phalodi, District Jodhpur

in Cr. Misc. Case No.596/2022 pertaining to FIR No. 48/2021

registered at Police Station Chakhu, District Jodhpur for the

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

332, 353, 307 of IPC whereby the prayer to release the seized

Bolero Pickup bearing No.RJ-15-GA-7308(hereinafter referred to

as the vehicle in question) on supurdaginama in favour of the

petitioner, has been rejected.

As per prosecution story, 920 kgs poppy straw without

having any license or permit was recovered from the said vehicle

in question. After investigation, the police found that petitioner

was the owner of the said vehicle.

The trial court has rejected the application filed under

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

(2 of 4) [CRLR-1571/2022]

the vehicle in question on the ground of severity of offence and on

the ground that narcotic substance was recovered from possession

of 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 subject vehicle submits that the petitioner is

registered owner of the said vehicle, and therefore, he is entitled

to obtain custody of the vehicle. 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 present revision petition.

Having heard the rival submissions and on perusal of the

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

of the vehicle 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

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

said vehicle.

                                         (3 of 4)                [CRLR-1571/2022]



     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 the 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 17.12.2022 passed by learned trial court is set aside

and Bolero Pickup bearing registration No.RJ-15-GA-7308 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. 6,00,000/- with two sureties of Rs. 3,00,000/- 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 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.