Anil vs State Of Rajasthan ...
2023 Latest Caselaw 4018 Raj

[2023/RJJD/013395]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 346/2022

Anil S/o Sh. Sohan Lal, Aged About 31 Years, R/o W.no. 3, Dantaur, Teh. Khajuwala, Dist. Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Manager Hdb Finance Service Ltd., Panchsati Circle, Sadulganj, Bikaner.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. DS Gharsana
For Respondent(s)         :     Mr. Javed Gauri, P.P.
                                Mr. Sanjay Gupta



               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 16.03.2022 passed by the

learned Special Judge, NDPS Act Cases, District Bikaner in

Criminal Misc. Application No.335/2021 pertaining to FIR No.

60/2021 registered at Police Station Dantaur, District Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Car) bearing registration No. Rj40-CA-

1865 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

[2023/RJJD/013395] (2 of 2) [CRLR-346/2022]

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.

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 subject to the condition that the

petitioner shall deposit the monthly installment due to be

paid in the month of April, 2023 with respondent finance

company. By deposition of the amount, the vehicle be

handed over to the petitioner and 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 148-divya/-

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