M/S Devnarayan Construction vs State Of Rajasthan (2023:Rj-Jd:40545)
2023 Latest Caselaw 10041 Raj

Rajasthan High Court - Jodhpur

M/S Devnarayan Construction vs State Of Rajasthan (2023:Rj-Jd:40545) on 23 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40545]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7346/2023

M/s Devnarayan Construction, Through Its Proprietor Bhairulal
Gurjar S/o Sh. Kesarlal Age 30 Years, Resident Of Post Warwada,
Tehsil Kumbhalgarh, District Rajsamand (Raj.).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp, Pali Mining Engineer, Mines And
Geology Department, Sojat City, Dist. Pali (Raj.).
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rajiv Bishnoi
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/11/2023

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

challenge has been made to the order dated 16.11.2023 passed

by the learned Additional Sessions Judge, Pali in Criminal Revision

Petition No.64/2023 affirming the order dated 29.08.2023 passed

by the learned Chief Judicial Magistrate, Pali in Criminal Misc. Case

No.1179/2023, whereby the prayer made by the petitioner for

releasing the vehicle in question (Dumper) bearing registration

No.RJ-22-GC-4142, 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 officials of the Police Station Sadri under Section 207 of

the Motor Vehicles Act and as per legal fiction, the vehicle under

Section 207 of the M.V. Act can be released upon showing

documents viz, registration, insurance and driving licence. Copies

[2023:RJ-JD:40545] (2 of 3) [CRLMP-7346/2023]

of all the required documents have been shown before the learned

trial Court as well as this Court. It is not in dispute that the

petitioner is the registered 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

miscellaneous petition.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the overall facts and circumstances 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, 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 judicial

proceedings provided he furnishes a Supurdaginama of Rs.

5,00,000/- and surety of like amount to the satisfaction of the

Court below. It is further directed that the material loaded in the

Dumper shall be unloaded in the police station premises and only

vehicle in question (Dumper) bearing registration No.RJ-22-GC-

4142 may be handed over to the petitioner as it's deterioration

would be a national loss and if the State wishes to initiate any

[2023:RJ-JD:40545] (3 of 3) [CRLMP-7346/2023]

proceeding for levy of any revenue, it may initiate proceeding to

this effect but only under an assumption of further legal course;

the vehicle in question cannot be allowed to stationed in an open

area of police station concerned for its natural decay.

6. With the above observations and directions, the instant Misc.

Petition stands allowed.

(FARJAND ALI),J 727-Pramod/-

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