Rajasthan High Court - Jodhpur
Mangilal vs State Of Rajasthan (2023:Rj-Jd:40563) on 24 November, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:40563]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1550/2023
Mangilal S/o Birbal Ram, Aged About 30 Years, R/o Swamiyo Ki
Dhaniya, Chenpura, Palina P.s. Lohawat, Dist. Phalodi
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naresh Kumar
Mr. Manphool
For Respondent(s) : Mr. Aneesh Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/11/2023
The petitioner has filed this criminal revision petition under
Section 397 & 401 Cr.P.C. to assail the impugned judgment dated
02.11.2023 passed by learned Special Judge, NDPS Act (Additional
Session Judge) Phalodi, Jodhpur in Criminal Misc. Case
No.610/2023 whereby the learned Judge rejected the application
under Section 451 Cr.P.C., moved by the petitioner for releasing
the vehicle Bolero having registration No.RJ-43-GA4980.
I have heard learned counsel for the petitioner and learned
Public Prosecutor.
Learned counsel for the petitioner, 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
[2023:RJ-JD:40563] (2 of 3) [CRLR-1550/2023]
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 revision petition is allowed and the
order dated 02.11.2023 is hereby quashed and set aside and the
vehicle Bolero having registration No.RJ-43-GA4980 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
Rs.3,00,000/- each to the satisfaction of the trial
Court undertaking to produce the Bolero in the Court
as and when required to do so.
(b) the petitioner shall get the Bolero having
registration No.RJ-43-GA4980 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
[2023:RJ-JD:40563] (3 of 3) [CRLR-1550/2023]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Bolero having registration No.RJ-43-
GA4980 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 Bolero having
registration No.RJ-43-GA4980 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
6-raksha/-
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