Nepal Singh vs State Of Rajasthan ...
2023 Latest Caselaw 9845 Raj

[2023:RJ-JD:39541]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6163/2023

Nepal Singh S/o Sh. Laxman Singh Chouhan, Aged About 43 Years, R/o Parbada, Himmat Nagar, Sabarkantha, Gujarat, At Present R/o Khera Nagari, Mukam Post Katiseer, Dist. Dungarpur

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

----Respondent

For Petitioner(s) : Mr.D.S. Gaur For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

17/11/2023

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

challenge has been made to the order dated 07.07.2023 passed

by the learned Additional Sessions Judge, Salumber District

Udaipur in Criminal Revision Petition No.7/2023 whereby the

learned Judge affirmed the order dated 18.05.2023 passed by the

learned Addl. Chief Judicial Magistrate, Salumber whereby the

learned Judge dismissed the application filed by the petitioner

under Sections 451/457 Cr.P.C. and the prayer made by the

petitioner for releasing the vehicle in question (Dumper) bearing

registration No.GJ-09-AU-7840 (Old No.HP-24-D-5026) has been

declined.

2. Learned counsel for the petitioner submits that the petitioner

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

by the Police Officers concerned under Section 102 of the Cr.P.C.

The vehicle was seized on the count of its suspicious activities.

[2023:RJ-JD:39541] (2 of 3) [CRLMP-6163/2023]

Now, the registered owner of the vehicle in question has preferred

this petition for its release along with all the 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 the fact

that the petitioner is the registered owner of the vehicle in

question and he has furnished all the required documents,

therefore, he is the person best entitled to get back the

possession of the seized property, as it's deterioration would be a

national loss as the vehicle in question cannot be allowed to be

stationed in an open area of police station concerned for its

natural decay, under Section 102 Cr.P.C. the judicial Court has no

option left but to release the vehicle in question in favour of the

petitioner thus, nothing remains for consideration of this Court in

the present case. This Court while 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

[2023:RJ-JD:39541] (3 of 3) [CRLMP-6163/2023]

& 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 (Dumper) bearing registration No.GJ-09-

AU-7840 (Old No.HP-24-D-5026) 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.

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

Petition stands allowed.

(FARZAND ALI),J 310-Mamta/-

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