Sukhvinder Singh vs State Of Rajasthan ...
2023 Latest Caselaw 8934 Raj

[2023:RJ-JD:37052]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1201/2023

Sukhvinder Singh S/o Sh. Jogender Singh, Aged About 30 Years, R/o Ward No. 11 Near Mamera Road Ellenabad Dist. Sirsa Haryana

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

----Respondent

For Petitioner(s) : Mr. Suresh Nehra Mr. DS Gharsana For Respondent(s) : Mr. Aneesh Bhurat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/11/2023

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

challenge has been made to the order dated 28.07.2023 passed

by the learned Additional Sessions Judge Sojat, District - Pali in

Criminal Misc. Case No.20/2023 pertaining to FIR No. 130/2022

registered at Police Station Shivpura, District-Pali whereby the

prayer made by the petitioner for releasing the vehicle in question

(Scorpio) bearing registration No. HR-50g-5706, 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 entitled to get

back the possession of the seized property. There is no other

person claiming supurdagi of the same.

[2023:RJ-JD:37052] (2 of 3) [CRLR-1201/2023]

3. Learned Public Prosecutor opposed the instant criminal

revision petition.

4. It is made clear that the petitioner bought the car in question

from his registered owner and the requisite papers had also been

handed over to him before the actual transfer. The vehicle had

been seized by the police in connection with the criminal case. As

per the sale of Goods Act, if the payment of price is made and the

delivery is handed over, the sale completes. The registered owner

has also furnished an affidavit in favour of the petitioner on this

specific averment that if the vehicle is released in favour of the

petitioner, he has no objection as on date. There is no other

claimant. The vehicle is lying in an open area of a police station

which if allowed to remain as it is, its condition would surely be

deteriorated which would be a national loss.

5. 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

[2023:RJ-JD:37052] (3 of 3) [CRLR-1201/2023]

Rs. 4,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 86-divya/-

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