Sodha Ram vs State Of Rajasthan ...
2023 Latest Caselaw 6928 Raj

[2023:RJ-JD:28312]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 696/2023

Sodha Ram S/o Shri Khinya Ram, Aged About 52 Years, R/o Sonalpuar Raneri Tehsil Phalodi Dist. Jodhpur

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

----Respondent

For Petitioner(s) : Mr. Ankit Choudhary For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/09/2023

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

challenge has been made to the order dated 17.05.2023 passed

by the learned Special Judge, NDPS Cases, District Bikaner

(Additional Sessions Judge No.1, Bikaner), Misc. Criminal Case No.

187/2023 pertaining to FIR No. 73/2022 registered at Police

Station Gajner, District Bikaner whereby the prayer made by the

petitioner for releasing the vehicle in question (Truck) bearing

registration No.RJ-19-GB-4351, 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:28312] (2 of 2) [CRLR-696/2023]

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. 5,00,000/- and

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

(FARJAND ALI),J 44-Samvedana/-

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