Kaushaliya vs State Of Rajasthan ...
2023 Latest Caselaw 7986 Raj

[2023:RJ-JD:33067]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1174/2023

Kaushaliya W/o Late Shyam Lal Khokharia, Aged About 44 Years, R/o Bishnoiyo Ki Dhani Khokhariya Kud Tehsil Pipar City Dist. Jodhpur

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

----Respondent

For Petitioner(s) : Mr. Ashok Khilery 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 17.08.2023 passed

by the learned Special Judge, NDPS Act Cases, District Bhilwara in

Misc. Case No. 44/2023 pertaining to FIR No.177/2022 registered

at Police Station Badaliyas, District Bhilwara whereby the prayer

made by the petitioner for releasing the vehicle in question

(Bolero) bearing registration No.HR-61-D-7654, has been

declined.

2. Learned counsel for the petitioner submits that the vehicle

was purchased by the husband of the petitioner namely Shyam Lal

from its previous owner. The husband of the petitioner had passed

away on 24.11.2022. The RC owner and the other person Prema

Ram and Shrawan Ram have furnished the affidavit in favour of

the petitioner to the effect that if the vehicle is released in her

[2023:RJ-JD:33067] (2 of 3) [CRLR-1174/2023]

favour, they have no objection. The affidavits are taken on record.

In light of the matter that there is no other claimant of the

vehicle, it is lying in the open area of police station and there is

every possibility of its reaching in dilapidated condition. There is

no other person claiming supurdagi of the same; the interim

custody be handed over to the petitioner.

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. 4,00,000/- and

surety of like amount to the satisfaction of the Court below.

5. Learned trial Court shall instruct the SHO to snap the colour

photograph of the vehicle and the same shall be taken on record

of the trial Court. It is also directed that the registration certificate

shall also be handed over to the petitioner so that she may

proceed for further course of action with regard to the transfer of

[2023:RJ-JD:33067] (3 of 3) [CRLR-1174/2023]

the property. The photo copy of the registry shall be kept on

record. Revision petition is disposed of accordingly.

(FARJAND ALI),J 209-Samvedana/-

Powered by TCPDF (www.tcpdf.org)