Gainaram vs State Of Rajasthan ...
2023 Latest Caselaw 2080 Raj

[2023/RJJD/006167]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet) No. 806/2023

Gainaram S/o Shri Bachna Ram Ji, Aged About 42 Years, B/c Bishnoi, R/o Kurchi, Tehsil Khinvsar, Dist. Nagaur Through Mukhtiyar Aam Shri Mahipal S/o Shri Champalal, Aged 35 Years, R/o Chawandiya, Tehsil And Dist. Nagaur.

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr.Rakesh, brother-in-law of the petitioner present in person For Respondent(s) : Mr.S.K.Mehar, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/03/2023

The instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioner assailing the impugned order dated

16.12.2022 passed by learned Special Judge, NDPS Act

Cases, Bikaner (Additional Sessions Judge No.1, Bikaner) in

Criminal Misc. Case No.325/2022 [Sessions Case No.139/2022]

arising out of FIR No.143/2020, P.S. Mahajan, whereby the

learned trial Court rejected the application under Section 451

Cr.P.C., moved by the petitioner for releasing the vehicle Maruti

Dzire bearing registration No.RJ-21 CB 4168, Chasis

No.MA3CZF03SJL454648, Engine No.D13A3399011.

Lawyers are abstaining from work.

Mr.Rakesh, brother-in-law of the petitioner present in the

Court. He submits that the petitioner is registered owner of the

[2023/RJJD/006167] (2 of 3) [CRLMP-806/2023]

aforesaid vehicle. The impugned order may be set aside and the

vehicle in question may be released in favour of the petitioner. A

reliance is placed 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

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 16.12.2022 is hereby quashed and set aside; and the

vehicle Maruti Dzire bearing registration No.RJ-21 CB 4168, Chasis

No.MA3CZF03SJL454648, Engine No.D13A3399011 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.

[2023/RJJD/006167] (3 of 3) [CRLMP-806/2023]

(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 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

89-NK/-

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