Govind Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 4015 Raj

[2023/RJJD/013217]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 208/2023

Govind Kumar S/o Shri Rameshwar Lal, Aged About 30 Years, R/ o Ward No. 22, Khajuwala, P.s. Khajuwala, District Bikaner.

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ravindra Kumar 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 revision petition, challenge

has been made to the order dated 09.01.2023 passed by the

learned Special (NDPS Act) and Upper Session Judge No.1,

Bikaner in Criminal Misc. Case No.08/2023 pertaining to FIR No.

28/2022 registered at Police Station Khajuwala, District Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Motorcycle) bearing registration No. Rj-07-ST-

3644 has been declined.

2. Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

Police Officers. He further 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.

3. Learned Public Prosecutor opposed the criminal revision

petition.

[2023/RJJD/013217] (2 of 2) [CRLR-208/2023]

4. In view of the order dated 10.11.2022 passed by Hon'ble the

Supreme Court in Criminal Appeal No. 2005/2022 titled 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 as determined by the Special Court, this Court deems it

appropriate to allow the petition and release the vehicle in favour

of the petitioner provided he furnishes a Supurdaginama of Rs.

50,000/- and surety of like amount to the satisfaction of the

Magistrate concerned.

5. 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. 50,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 13-divya/-

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