Tejendra Singh vs State Of Rajasthan ...
2023 Latest Caselaw 7289 Raj

[2023:RJ-JD:29959]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1176/2023

Tejendra Singh S/o Shri Heersingh, Aged About 22 Years, R/o Tadana, Police Station Mohangarh, Dist. Jaisalmer, Aam Mukhitayar Hemsingh S/o Shri Harisingh, Age 25 Years, R/o Tadana, Police Station Mohangarh, Dist. Jaisalmer, Rajasthan.

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


For Petitioner(s)           :    Mr. B.R. Godara
For Respondent(s)           :    Mr. Mukhtiyar Khan, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

15/09/2023

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

challenge has been made to the order dated 18.08.2023 passed

by the learned Special Judge, NDPS Cases, Pali in Sessions Case

No. 344/2023 pertaining to FIR No. 170/2022 registered at Police

Station Siriyari, District Pali whereby the prayer made by the

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

registration No.RJ 15 UA 2504 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 is directed to

get executed an affidavit of the registered owner for which special

power of attorney of this case has been executed by the

registered owner in favour of Tajendra Singh. The registered

owner Hem Singh is in Jail and it is revealing that after getting

[2023:RJ-JD:29959] (2 of 2) [CRLR-1176/2023]

permission of the Court, the same was executed in favour of the

petitioner. 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.

4. Learned Public Prosecutor opposed the instant criminal

revision petition.

4. Considering the submissions of both the parties and as well

as of the fact that special power of attorney has been executed in

favour of the petitioner 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.

(FARJAND ALI),J 52-Taruna/-

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