Rajasthan High Court
Vishram S/O Ramswaroop vs State Of Rajasthan (2024:Rj-Jp:1710) on 10 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:1710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1262/2023
Vishram S/o Ramswaroop, R/o Bhasina Ps Bhusawar Distt.
Bharatpur
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. R.R. Goyal
For Respondent(s) : Mr. Yashwant Kankhadia, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
10/01/2024
The present criminal revision petition is filed against the
impugned order dated 19.07.2023 passed by learned Additional
Sessions Judge Weir, District Bharatpur, whereby, application of
petitioner under Sections 451 and 457 of Cr.P.C. for releasing the
vehicle Motorcycle No.RJ-05-NS-9721 was dismissed.
Learned counsel for the petitioner submits that petitioner is
owner of the said motorcycle and the contraband article was
recovered from the possession of other co-accused Rahul Kumar,
Randhir and Bhim Singh. He further submits that the petitioner
was enlarged on anticipatory bail by the Hon'ble High Court. In the
first factual report dated 06.08.2023, involvement of the accused-
petitioner was not found in the said offence. Therefore, in the light
of Hon'ble Apex Court Judgment in the case of Sunderbhai Ambalal
Desai Vs. State of Gujarat passed in Special Leave Petition (Crl.)
2745/2002 decided on 01.10.2002, the vehicle may be released.
[2024:RJ-JP:1710] (2 of 3) [CRLR-1262/2023]
Learned Public Prosecutor vehemently opposes the criminal
revision petition.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the impugned order.
It is undisputed that that petitioner is registered owner of the
vehicle Motorcycle No.RJ-05-NS-9721. It is also admitted that the
contraband articles were recovered from the possession of the
other co-accused and at the time of recovery, accused-petitioner
was not present. The first factual report shows that the
Investigating Officer did not find involvement of the petitioner in
the alleged crime, though, later on his involvement was found. It is
well settled law that vehicle seized under the provisions of N.D.P.S.
Act, can be released in favour of the registered owner, if no order
of confiscation has been passed.
In view of the above, the instant revision petition is allowed
and the order dated 19.07.2023 passed by learned Additional
Sessions Judge Weir, District Bharatpur is hereby quashed and set
aside and the vehicle Motorcycle No.RJ-05-NS-9721 in question is
ordered to be released on 'supardgi' and producing original
registration certificate till the completion of the trial upon following
conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the trial Court undertaking
to produce the vehicle Motorcycle No.RJ-05-NS-9721
in the Court as and when required to do so.
(b) the petitioner shall get the vehicle Motorcycle
photographed showing the registration number as
well as the chassis number. Such photograph shall be
taken in the presence of the Investigating Officer, to
be kept on the file of the case.
[2024:RJ-JP:1710] (3 of 3) [CRLR-1262/2023]
(c) the personal bond of the petitioner and bonds of
sureties shall carry the photographs of the petitioner
and his sureties and the bonds of sureties shall
further carry the photographs of persons identifying
them before the Court which is with full residential
particulars of the sureties and the persons identifying
them.
(d) the petitioner shall undertake further not to
transfer the ownership of the vehicle Motorcycle and
not to lease it to anyone and not to make or allow any
changes in it to be made so as to make
unidentifiable.
(e) the petitioner shall not allow the vehicle
Motorcycle No.RJ-05-NS-9721, to be used for any
antisocial activities.
(PRAVEER BHATNAGAR),J
81-SURAJ KUMAR
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