Rajasthan High Court
A.H.C.L Logistic vs State Of Rajasthan (2024:Rj-Jp:13035) on 5 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:13035]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1035/2024
A.H.C.L Logistic, Through Partner Mukesh Kumar Singh, Resident
Of B-1/102, Padmawati Co-Operative Housing Society, Chala,
Wapi ( Gujrat).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Amit Punia
For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
05/03/2024
1. The petitioner AHCL Logistic through its partner Mukesh
Kumar Singh has preferred this misc. petition under Section 482
Cr.P.C. challenging the order dated 12.02.2024 passed in misc.
application No.37/2024, by learned Special Judge (NDPS Act
Cases) and Addl. Sessions Judge No.1, Beawar arising out of FIR
No.22/2024 PS Vijay Nagar for offences under Section 8/15 of the
NDPS Act whereby the application of the petitioner for releasing
the goods/articles (iron rolls) which were being transported in
Truck No.HP 64A 3792 and seized by the police in connection with
the aforesaid FIR, has been rejected.
2. Brief facts of the case are that on 15.01.2024, contraband
dodapost chura (powder) weighing 85 Kgs. was recovered from a
truck No.HP 64A 3792 near Sathana Circle, Bhilwara-Vijaynagar
road. Along with the recovery of the contraband, some articles
[2024:RJ-JP:13035] (2 of 4) [CRLMP-1035/2024]
i.e., iron rolls were also recovered from the said truck as the said
truck has been engaged in transporting goods by the petitioner.
In connection with the said recovery of contraband, FIR
No.22/2024 has been registered at Police Station Vijay Nagar,
Beawar for offence under Section 8/15 of the NPDS Act. During
investigation, the police arrested the accused driver. The police
also seized the iron rolls lying in the truck at that time. The
petitioner moved an application for releasing the aforesaid goods
before the learned trial court. However, the learned trial court
rejected the application vide order dated 12.02.2024. Hence, this
misc. petition.
3. Learned counsel for the petitioner submits that the petitioner
is involved in logistic business and iron rolls were being
transported by the said Truck No.HP 64A 3792. However, the
petitioner has nothing to do with the contraband allegedly
recovered from the said truck along with its iron rolls. He further
submits that in the investigation, so far conducted in this matter,
the petitioner has not been found involved in the crime in any
manner and now, there is no requirement of the aforesaid
goods/articles of the petitioner. He further submits that the
petitioner is ready to comply with the procedure defined under the
NDPS Act for making the clarification of inventory of the case
property, if necessary so that same will be treated as primary
evidence in the absence of or disposal of the case property during
trial. He also submits that if the aforesaid articles of the petitioner
would not be released, they would become junk and would be of
no use. He thus, prays that the articles seized by the police from
[2024:RJ-JP:13035] (3 of 4) [CRLMP-1035/2024]
the truck in connection with the FIR may be released on
supurdagi. He has placed reliance on the judgment passed in the
case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in
AIR 2003 SC 638.
4. Learned Public Prosecutor has placed on record the factual
report dated 21.02.2024 sent by the SHO PS Badnor, Beawar. As
per which, now no investigation is to be made regarding the
articles, recovered along with the contraband from the truck in
question. He also admits that in the investigation so far
conducted, the petitioner has not been found involved in
commission of the alleged offence under Section 8/15 of the NDPS
Act. However, he opposes the instant misc. petition.
5. I have heard and considered the submissions advanced at
bar and have gone through the material available on record.
6. After having heard and considered the submissions advanced
at bar and having gone through the material available on record,
especially the fact that the petitioner has not been found involved
in the commission of alleged offence, as per the factual report
dated 21.02.24, no investigation is left regarding the seized
articles of the petitioner which in a wider sense, are national
property, which would become junk and idle day by day, so also
keeping in view the observations made in the case of Sunderbhai
Ambalal Desai (supra), the instant misc. petition is allowed. The
order dated 12.02.2024 is quashed and set aside. The aforesaid
articles of the petitioner, seized in connection with the FIR
[2024:RJ-JP:13035] (4 of 4) [CRLMP-1035/2024]
No.22/2024 PS Vijay Nagar shall be released in favour of the
petitioner on supurdagi provided he furnishes a Supurdaginama to
the tune of the bill amount of the goods releasing on supurdagi,
and surety of like amount to the satisfaction of the Magistrate
concerned after getting prepared list and inventory etc. from the
IO concerned. The petitioner shall also furnish an undertaking
along with the supurdaginama that in case, after conclusion of
trial, if the learned trial court finds involvement of the petitioner
in the commission of alleged crime and does not find it entitle for
the aforesaid goods, it shall deposit the sum mentioned in the
supurdaginama as fine.
(ANIL KUMAR UPMAN),J
/Sudhir Asopa
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