Shiv Prasad vs State Of Rajasthan ...
2023 Latest Caselaw 9063 Raj

[2023:RJ-JD:37762]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1228/2023

Shiv Prasad S/o Girdhari Lal, Aged About 43 Years, R/o Ward No. 32 Jyoti Nagar Tehsil And Dist. Sriganganagar

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

----Respondent

For Petitioner(s) : Mr. Vikas Bishnoi 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 14.09.2023 passed

by the learned Special Judge, NDPS Act Cases, Bikaner in Sessions

Case No.365/2023 pertaining to FIR No.10/2022 registered at

Police Station Loonkaransar, Bikaner whereby the prayer made by

the petitioner for releasing the vehicle in question (Mini Truck)

bearing registration No. PB-04-V-8095, 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.

3. Learned Public Prosecutor opposed the instant criminal

revision petition.

[2023:RJ-JD:37762] (2 of 2) [CRLR-1228/2023]

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

Court below.

(FARJAND ALI),J 49-Pramod/-

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