Jitendra Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 9813 Raj

[2023:RJ-JD:39344]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7064/2023

Jitendra Kumar S/o Shri Hanja Ram, Aged About 38 Years, R/o Rajendra Nagar, Jalore, Tehsil And Dist. Jalore.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mining Engineer, Mines And Geology Department, Jalore, Dist. Jalore.

3. Sho Of Jalore Kotwali Police Station, Dist. Jalore.

----Respondents

For Petitioner(s) : Ms. Shobha Prabhakar

For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2023

1. By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 21.09.2023 passed

by the learned Sessions Judge, Jalore in Criminal Revision Petition

No.170/2023 pertaining to FIR No.NIL/2023 registered at the

Police Station Jalore Traffic, District Jalore, whereby the prayer

made by the petitioner for releasing the vehicle in question

(Dumper) bearing registration No.RJ-16-GA-5717, has been

declined.

2. Learned counsel for the petitioner submits that the petitioner

is the owner of the vehicle in question which has been seized by

the Traffic Police Officers, Jalore under Section 207 of the Motor

[2023:RJ-JD:39344] (2 of 3) [CRLMP-7064/2023]

Vehicles Act and as per legal friction, the vehicle under Section

207 of the M.V. Act can be released upon showing documents viz,

registration, insurance and driving licence. Copies of all the

required documents have been shown before the learned trial

Court as well as this Court. It is not in dispute that the petitioner

is the registered 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 criminal revision

petition.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the overall facts and circumstances 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 instant Misc. 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 judicial proceeding provided he

furnishes a Supurdaginama of Rs. 5,00,000/- and surety of like

amount to the satisfaction of the Court below. It is further directed

[2023:RJ-JD:39344] (3 of 3) [CRLMP-7064/2023]

that the material loaded in the Dumper shall be unloaded in the

police station premises and only vehicle in question (Dumper)

bearing registration No.RJ-16-GA-5717 may be handed over to the

petitioner as it's deterioration would be a national loss and if the

State wishes to initiate any proceeding for levy of any revenue, it

may initiate proceeding to this effect but only under an

assumption of further legal course; the vehicle in question cannot

be allowed to stationed in an open area of police station concerned

for its natural decay.

6. With the above observations and directions, the instant Misc.

Petition stands allowed.

(FARZAND ALI),J

502-Mamta/-

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