Rajasthan High Court
Reena Kumari D/O Pappuram vs State Of Rajasthan (2024:Rj-Jp:2636) on 16 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:2636] (1 of 3) [CRLR-1893/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1893/2023
Reena Kumari D/o Pappuram, R/o Plot No. 704, Beed Sarkari
Kacchi Basti, Jda Ke Paas, Vidhyadhar Nagar, Jaipur.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Javed Mohd. Khan
For Respondent(s) : Mr. Yashwant Kankhadia, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/01/2024
The application under Section 5 of the Limitation Act for
condonation of delay of three days in filing the revision petition is
allowed.
The present criminal revision petition is filed against the
order dated 31.08.2023 passed by learned Special Judge, N.D.P.S.
Cases, Jaipur Metro-I, whereby, application under Sections 451
and 457 of Cr.P.C. for handing over the vehicle No.RJ-14-KG-4471
was dismissed.
Learned counsel for the petitioner submits that learned trial
court vide order dated 31.08.2023 dismissed the application filed
by the petitioner under Sections 451 and 457 of Cr.P.C. for
releasing the scooty vehicle No.RJ-14-KG-4471. He also submits
that petitioner is registered owner of the said vehicle and
contraband article containing 9.80 Gms. of Smack was recovered
[2024:RJ-JP:2636] (2 of 3) [CRLR-1893/2023]
from other accused Rahul Meena, to whom the petitioner bona
fidely give the vehicle.
Learned counsel for the petitioner further submits that no
recovery of any contraband article was effected from the
petitioner. The petitioner was not aware about the fact that Rahul
Meena was carrying contraband articles. Therefore, the impugned
order passed by the learned trial court dated 31.08.2023 may be
set aside and possession of the vehicle may be handed over to the
petitioner.
Learned Public Prosecutor defends the impugned order
passed by learned trial court.
Considered the fact that petitioner is registered owner of the
vehicle, contraband article was recovered from the other accused
Rahul Meena and no recovery of any contraband article was
recovered from the present petitioner.
The Hon'ble Supreme Court in the case of Sunderbhai
Ambalal Desai Vs. State of Gujarat [2002 (9) SCC 283], has
opined that it is no use of keeping such seized vehicle at the Police
Stations for a long period and keeping the vehicle in an open place
is not only loss to the nation but to the property of the nation.
Thus, considering the above argument and keeping in view
the judgment passed by the Hon'ble Supreme Court in the case of
Sunderbhai Ambalal Desai Vs. State of Gujarat (supra), the instant
revision petition is allowed and the order dated 31.08.2023 is
hereby quashed and set aside and the vehicle No.RJ-14-KG-4471
in question is ordered to be released on 'supardgi' till the
completion of the trial upon following conditions:-
[2024:RJ-JP:2636] (3 of 3) [CRLR-1893/2023]
(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
and give undertaking to produce the vehicle No.RJ-
14-KG-4471 in the Court as and when required to do
so.
(b) the petitioner shall get the vehicle scooty
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.
(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 scooty 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 No.RJ-
14-KG-4471, to be used for any antisocial activities.
(PRAVEER BHATNAGAR),J
47-SURAJ KUMAR
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