Dana Ram vs State Of Rajasthan ...
2023 Latest Caselaw 4473 Raj

[2023/RJJD/014754]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2355/2023

Dana Ram S/o Ladhuram, Aged About 62 Years, B/c Jat, R/o W.no. 07, 20 L.m (Luniya) Anoopgarth Dist. Sriganganagar (Raj.)

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

----Respondent

For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/05/2023

1. By way of filing of the instant criminal misc. petition,

challenge has been made to the order dated 27.04.2023

passed by the learned Special Judge, NDPS Act Cases,

Bikaner in Criminal Case No.147/2023 pertaining to FIR

No.57/2023 registered at Police Station Pugal, District -

Bikaner whereby the prayer made by the petitioner for

releasing the vehicle in question (Car) bearing registration

No. RJ-13-GB-8038, 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 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/014754] (2 of 2) [CRLMP-2355/2023]

3. Learned Additional Government Advocate opposed the

instant criminal misc. 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 60-Ashutosh/-

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