Pawan Giri vs State Of Rajasthan ...
2023 Latest Caselaw 9062 Raj

[2023:RJ-JD:37771]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1346/2023

Pawan Giri S/o Ridh Giri Swami, Aged About 24 Years, R/o Near Hari Ram Ji Mandir Nokha Bikaner

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

----Respondent

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/11/2023

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

challenge has been made to the order dated 18.08.2023 passed

by the learned Additional Sessions Judge, Nokha, District Bikaner

in Misc. Criminal Case No.47/2023 pertaining to FIR No.539/2022

registered at Police Station Nokha, District Bikaner, whereby the

prayer made by the petitioner for releasing the vehicle in question

(Motorcycle) bearing registration No.RJ-50-SC-1811, 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:37771] (2 of 2) [CRLR-1346/2023]

3. Learned Public Prosecutor opposed the instant criminal

revision 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.50,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 50-Pramod/-

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