Rajasthan High Court
P.R.C. 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. 1034/2024
P.R.C. Logistic, Through Authorized Person Ravi Son Of Shri Jai
Bhagwan, Resident Of Vaidik House, Opposite Sahyog Hotel, N.h.
8, Walvada, 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 P.R.C. Logistic through its authorized
representative Ravi S/o SHri Jai Bhagwan has preferred this misc.
petition under Section 482 Cr.P.C. challenging the order dated
12.02.2024 passed in misc. application No.36/204 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 (machinery parts)
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
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truck No.HP 64A 3792 near Sathana Circle, Bhilwara-Vijaynagar
road. Along with the recovery of the contraband, some machinery
parts 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
machinery parts 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 machinery parts 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 machinery parts. 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
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no use. He thus, prays that the machinery parts (articles) seized
by the police from 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
machinery parts, 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 machinery
parts and the seized articles which in a wider sense, are national
property, and it 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 seized in connection with the FIR 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
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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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