Roshan Veshnav vs State Of Rajasthan (2024:Rj-Jd:9879)
2024 Latest Caselaw 1887 Raj

Rajasthan High Court - Jodhpur

Roshan Veshnav vs State Of Rajasthan (2024:Rj-Jd:9879) on 26 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:9879]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1128/2024

Roshan Veshnav S/o Shri Ratandas Veshnav, Aged About 28
Years, Resident Of Sarno Ka Kheda, P.s. Bagaur, District
Bhilwara.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Jaipal Singh
For Respondent(s)         :     Mr. Vikram Sharma, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

26/02/2024

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

has been made to the order dated 11.12.2023 passed by the

learned Special Judge, NDPS Cases, District Bhilwara in Criminal

Misc. Case No. 58/2023 pertaining to FIR No. 30/2023 registered

at Police Station SOG, Rajasthan, Jaipur whereby the prayer made

by the petitioner for releasing the vehicle in question (Maruti Swift

Car) bearing registration No. RJ 06 CF 5508 has been declined.

2. Learned counsel for the petitioner submits that he is the

registered owner of the vehicle in question which has been seized

by the Police Officers. He further 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.

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

[2024:RJ-JD:9879] (2 of 2) [CRLMP-1128/2024]

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 instant 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. 3,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 364-Pramod/-

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