Kalu Ram @ Kalu Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3974 Raj

[2023/RJJD/013455]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 474/2023

Kalu Ram @ Kalu Singh S/o Pratap Singh Rajput, Aged About 28 Years, W.no. 08, Rawatsar, Teh. Rawatsar, Dist. Hanumangarh.

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


For Petitioner(s)         :     Mr. R.C. Joshi
For Respondent(s)         :     Mr. Abhishek Purohit, AGA



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

03/05/2023

1. By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 10.04.2023 passed

by the learned Additional Sessions Judge, Bhadra, District

Hanumangarh in Criminal Misc. Case No.22/2023 pertaining to FIR

No.482/2022 registered at the Police Station Bhadra, District

Hanumangarh, whereby the prayer made by the petitioner for

releasing the vehicle in question (Bolero) bearing registration No.

RJ-12-U-8346, has been declined.

2. Learned counsel for the petitioner submits that the petitioner

is the owner of the vehicle in question 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.

[2023/RJJD/013455] (2 of 2) [CRLR-474/2023]

3. Learned Public Prosecutor opposed the criminal revision

petition.

4. Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in

AIR 2003 SC 638 and the order dated 18.11.2022 passed by the

Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP

(Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala

& 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

and this Court deems it just and appropriate to release the vehicle

in question in favour of the petitioner on interim custody till

conclusion of the trial provided he furnishes a Supurdaginama of

Rs. 3,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 184-Pramod/-

Powered by TCPDF (www.tcpdf.org)