Bhagwana Ram vs State Of Rajasthan (2023:Rj-Jd:40003)
2023 Latest Caselaw 9953 Raj

Rajasthan High Court - Jodhpur

Bhagwana Ram vs State Of Rajasthan (2023:Rj-Jd:40003) on 21 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40003]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1942/2023

Bhagwana Ram S/o Sh. Kalu Ram, Aged About 23 Years, Chak-6,
Pssm Ranjeetpura, Teh. Bajju, Dist. Bikaner (Raj.).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Arjun Singh
For Respondent(s)         :     Mr. SK Bhati, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/11/2023

1. By way of filing the instant criminal misc. petition, challenge

has been made to the order dated 27.03.2023 passed by the

learned Additional Sessions Judge No.1, District Bikaner in

Criminal Misc. Case No.100/2023 pertaining to FIR No. 50/2022

registered at Police Station Chhatargarh District Bikaner whereby

the prayer made by the petitioner for releasing the vehicle in

question (Mahindra Bolera Camper) bearing registration No. RJ-

07-GD-4856 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:40003] (2 of 2) [CRLMP-1942/2023]

3. Learned Public Prosecutor opposed the instant criminal misc.

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 criminal 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 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 696-divya/-

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