Shekhar vs State Of Rajasthan ...
2023 Latest Caselaw 7982 Raj

[2023:RJ-JD:33054]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1323/2023

Shekhar S/o Bhepa Ram Bishoni, Aged About 33 Years, R/o Sahib Nagar, Doli, Kalyanpur, Dist. Barmer

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

----Respondent

For Petitioner(s) : Mr. Jai Kishan Haniya For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/10/2023

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

challenge has been made to the order dated 11.09.2023 passed

by the learned Special Judge, NDPS Act Cases (Additional Sessions

Judge) Balotra, District -Barmer, in Misc. Case No.235/2023

pertaining to FIR No. 22/2023 registered at Police Station

Kalyanpur, District Barmer whereby the prayer made by the

petitioner for releasing the vehicle in question (Swift Car) bearing

registration No.RJ-40-CA-2202, 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 to get back the

possession of the seized property. There is no other person

claiming supurdagi of the same.

[2023:RJ-JD:33054] (2 of 2) [CRLR-1323/2023]

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 211-Samvedana/-

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