Lakhvindra Singh vs State Of Rajasthan
2023 Latest Caselaw 4863 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 933/2023

Lakhvindra Singh S/o Late Shri Inderjeet Singh, Aged About 30 Years, B/c Jat Sikh, R/o Vander Jatana, Tehsil Kotakpura, District Faridkot, Punjab.

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

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary Mr. J.K. Suthar For Respondent(s) : Mr. S.K. Mehar, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

18/05/2023

The petitioner has filed this criminal misc. petition under

Section 482 Cr.P.C. to assail the impugned judgment dated

20.08.2022 passed by learned Special Judge, NDPS Cases, District

Bikaner in Criminal Misc. Case No.215/2022 pertaining to Sessions

Case No.135A/2022 (Old 231/2022) in FIR No.33/2022 registered

at Police Station Gajner, District Bikaner for the offences under

Sections 8/15 and 25 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 truck bearing registration

No.PB-03-AJ-4218, Engine No.27561, Chasis No.06066.

I have heard learned counsel for the petitioner and learned

Public Prosecutor for the State.

Learned counsel for the petitioner submits that registered

owner of the alleged vehicle was Inderjeet Singh (father of the

(2 of 3) [CRLMP-933/2023]

petitioner) who expired on 22.08.2020. The alleged truck was

carrying steam coal in it and it was seized on 24.03.2022. Learned

counsel 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. 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 20.08.2022 is hereby quashed and set aside and the

truck bearing registration No.PB-03-AJ-4218, Engine No.27561,

Chasis No.06066 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.6,00,000/- each with two sureties of

(3 of 3) [CRLMP-933/2023]

Rs.3,00,000/- 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.

(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 truck bearing registration No.PB-03-AJ-4218, Engine No.27561, Chasis No.06066 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 66-Rashi/-

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