Kalu Ram vs State Of Rajasthan ...
2023 Latest Caselaw 9098 Raj

[2023:RJ-JD:37914]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1522/2023

Kalu Ram S/o Bhinya Ram, Aged About 50 Years, R/o 3, Rjd, Sansardesar, Ward No.7, Chhatargarh, Dist. Bikaner,raj.

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

----Respondent

For Petitioner(s) : Mr. Jogendra Singh For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/11/2023

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

challenge has been made to the order dated 27.10.2023

passed by the learned Special Judge, NDPS Act Cases,

learned Additional District and Sessions Judtge, No.1, Bikaner

in Criminal Misc. Case No.469/2023 under Section 8/15, 25

and 29 of the NDPS Act pertaining to FIR No.151/2023

registered at Police Station -Chhatargarh, District - Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Bolero Camper Gold) bearing registration

No. -RJ 07 GD 2646, 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 submits that the petitioner being the

owner of the vehicle in question, is the person best entitled

[2023:RJ-JD:37914] (2 of 2) [CRLR-1522/2023]

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.

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. 3,00,000/- and

surety of like amount to the satisfaction of the Court below.

(FARJAND ALI),J 143-Ashutosh/-

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