Omprakash vs State Of Rajasthan (2023:Rj-Jd:40230)
2023 Latest Caselaw 9983 Raj

Rajasthan High Court - Jodhpur

Omprakash vs State Of Rajasthan (2023:Rj-Jd:40230) on 22 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40230]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
            S.B. Criminal Misc(Pet.) No. 2861/2023

Omprakash S/o Khemaram, Aged About 25 Years, R/o Dwara,
Tehsil Fatehgarh, Ps Sangad, Dist. Jaisalmer Presently Rampura
Basti, Ps Nayashahar, Bikaner.
                                                   ----Petitioner
                             Versus
State Of Rajasthan, Through PP
                                                 ----Respondent


For Petitioner(s)          :     Mr. Surendra Bagmalani
For Respondent(s)          :     Mr. Arun Kumar, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

22/11/2023

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

has been made to the order dated 18.05.2023 passed by the

learned Special Judge, Narcotic Drugs and Psychotropic

Substances Act, District Bikaner (Upper Sessions Judge No.1,

Bikaner) in Criminal Misc. Case No.193/2023 pertaining to FIR

No.56/2023 registered at Police Station Gajner, District Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle Renault Duster Car bearing registration No.RJ-07-CB-8123

as well as Electronic Flour Grinder and Registration Certificate of

car in question has been declined.

2. Learned counsel for the petitioner submits that the petitioner

is not the registered owner of the vehicle. He has purchased the

said vehicle from one Gaurav Sharma. The registered owner

Gaurav Sharma has executed an affidavit in favour of the

petitioner to the effect that if the vehicle is released in favour of

the petitioner, he has no objection for it. He further submits that

[2023:RJ-JD:40230] (2 of 2) [CRLMP-2861/2023]

the vehicle in question as well as electronic flour grinder were

wrongly have been seized by the Police. He further submits that

no useful purpose would be served to retain the seized vehicle as

well as electronic flour grinder and registration certificate of car.

So, the order of the learned trial Court be set aside.

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 as well as it is also directed to

release the electronic flour grinder and registration certificate on

Supurdgi as the learned trial Court deems fit.

(FARJAND ALI),J 928-divya/-

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