Rajasthan High Court - Jodhpur
Maluram vs State Of Rajasthan on 1 May, 2023
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2772/2022
Maluram S/o Sh. Bhakchand, Aged About 53 Years, R/o Rajiv
Nagar, Barjasar, Phalodi, District Jodhpur (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shiv Singh
For Respondent(s) : Mr. S.K. Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/05/2023
The petitioner has filed this criminal misc. petition under
Section 482 Cr.P.C. to assail the impugned judgment dated
05.05.2022 passed by learned Special Judge, NDPS Act, District
Bikaner in Criminal Misc. Application No.75/2022 in FIR
No.139/2021, P.S. Nal, District Bikaner for the offences under
Sections 8/15, 25 and 29 of the NDPS Act whereby the learned
trial Court, rejected the application under Section 451 Cr.P.C.,
moved by the petitioner for releasing the vehicle Scorpio bearing
registration No.RJ-19-UA-6770, Engine No.HAB4A10788, Chasis
No.MA1TA2HANB2A15765.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
(2 of 3) [CRLMP-2772/2022]
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 co-
ordinate 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 05.05.2022 is hereby quashed and set aside and the
vehicle Scorpio bearing registration No. RJ-19-UA-6770, Engine
No.HAB4A10788, Chasis No.MA1TA2HANB2A15765 in question 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.4,00,000/- each with two sureties of
Rs.2,00,000/- each to the satisfaction of the trial
Court undertaking to produce the vehicle in the Court
as and when required to do so.
(b) the petitioner shall get the 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.
(3 of 3) [CRLMP-2772/2022]
(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 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 vehicle Scorpio
bearing registration No. RJ-19-UA-6770, Engine
No.HAB4A10788, Chasis No.MA1TA2HANB2A15765
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
188-Rashi/-
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