Rajasthan High Court
Chitarlal S/O Shrikishan vs State Of Rajasthan (2024:Rj-Jp:11563) on 6 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:11563]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1340/2024
Chitarlal S/o Shrikishan, Aged About 45 Years, R/o Govindpura,
Police Station Chhipabarod, District Baran (Raj).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Digvijay Singh Rajawat for
Mr. Mukesh Pal Jadoun
For Respondent(s) : Mr. S.K. Mahala, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
06/03/2024
1. By way of filing of the instant miscellaneous petition,
challenge has been made to the order dated 15.02.2024 passed
by learned Special Judge, N.D.P.S. Act, Chhabra, District Baran in
Supurdagi Application No.38/2024 (C.I.S. No. 38/2024) arising
out of FIR No.495/2023 registered at Chhabra, District Baran for
the offences under Sections 8/20 & 8/29 of NDPS Act whereby the
prayer made by the petitioner for releasing the vehicle in question
(motorcycle) bearing registration No. RJ-28-SN-3117 on supurdagi
has been declined.
2. Learned counsel for the petitioner submits that the petitioner
is the registered owner of the vehicle in question which has been
seized by the Police Officers in connection with the aforesaid FIR.
He submits that the petitioner, being the registered owner of the
vehicle in question, is the person best entitled to get back the
[2024:RJ-JP:11563] (2 of 3) [CRLMP-1340/2024]
possession of the seized property. It is also submitted that there is
no other person claiming supurdagi of the same. He further
submits that the vehicle in question is presently stationed unused
at the police station and soon it would become junk. He placed
reliance on the judgment of the Hon'ble Apex Court in the case of
Sunderbhai Ambalal Desai vs. State of Gujarat, reported in
AIR 2003 SC 638.
3. Learned Public Prosecutor opposes the criminal
miscellaneous petition.
4. The purport of the case law cited by learned counsel for the
petitioner is that the power under Section 451 Cr.P.C. should be
exercised expeditiously. The reason being that owner of the article
should not suffer because of it remaining unused and the police
should not be required to keep the article in safe custody. Apart
from this, these seized vehicles which in a wider sense, are
national property, would not be allowed to become junk day by
day. It has been further laid down in the aforecited case law that
while giving custody of the article, the article should be released
on proper security.
5. Furthermore, in the aforecited precedent law, the Hon'ble
Apex Court has held that the court should pass appropriate orders
immediately and the articles should not be kept for a long time at
the police station, and the procedure for disposal of the seized
valuable articles, currency notes, vehicles, seized liquor and
narcotic drugs has been laid down therein.
6. Considering the submissions advanced by learned counsel for
the parties and in view of the ratio laid down in the aforecited case
law, the present misc. petition is allowed. The impugned order
[2024:RJ-JP:11563] (3 of 3) [CRLMP-1340/2024]
dated 15.02.2024 passed by learned Special Judge, N.D.P.S. Act,
Chhabra, District Baran in Supurdagi Application No.38/2024
(C.I.S. No. 38/2024) is quashed and set aside to the extent of
vehicle (motorcycle) and the learned court below is directed to
release the vehicle in question (motorcycle) bearing registration
No. RJ-28-SN-3117 to the petitioner provided he furnishes a
Supurdaginama of Rs. 50,000/- and surety of like amount to the
satisfaction of the trial court. The petitioner shall furnish an
undertaking to the court below that he shall not sell, transfer or
alienate the vehicle in question without permission of the court
and that he shall not use the vehicle for any illegal and unlawful
purpose in future. He shall also produce the vehicle before learned
trial court as and when asked upon to do so.
(ANIL KUMAR UPMAN),J
CHARU SONI /34
Powered by TCPDF (www.tcpdf.org)
